RAM BABI GAJADHAR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 16.12.1980 passed by Shri S.K. Agnihotri, the then VI Additional Sessions Judge. Aligarh in Sessions Trial No. 178 of 1980 whereby the accused appellant Ram Babu has been convicted under Sections 302 and 147 IPC and sentenced to undergo rigorous imprisonment for life and one year's R.I. respectively. Both the sentences were directed to run concurrently.

(2.) This appeal was listed on several dates. When it was lastly listed on 14.7.2004, none turned up for the accused appellant though on record he is represented by S/Sri J.S. Sengar, B.N. Tewari, H.P. Singh and Brijendra Singh, Advocates. It was then ordered that the appeal would be decided in accordance with the law laid down by the Apex Court in the case of Bani Singh and Ors. v. State of U.P. (AIR 1996 SC 2439) . The appeal was then listed for hearing on 3.8.2004. On 3.8.2004 also none turned up to argue the appeal for the appellant though the list was revised. Under these circumstances, we are deciding the appeal on merits after having heard the learned A.G.A. Sri K.P. Shukla with the Scrutiny of the record.

(3.) The prosecution version as contained in the F.I.R. lodged by Onkar Singh P.W. 1 son of the deceased was that the deceased Ram Singh had purchased 32 Bighas of land of one Malkhan Singh, situate in village Kakorhi which was recorded in the name of the mother of Malkhan Singh. The remaining 28 Bighas of land of Malkhan Singh was also being cultivated by the deceased Ram Singh in lieu of loan given by him to Malkhan Singh. The accused Ram Babu, son of Gajadhar, resident of village Satpur, is the brother-in-law of the said Malkhan Singh. Accused Ram Babu himself wanted the price of 28 Bighas land. There had been exchange of hot words between Ram Singh and Ram Babu. In the night intervening between 25th / 26th December 1979, at about 12.O' clock in the night, the accused Ram Babu along with five or six others armed with guns and axe came at the house of the complainant and caught hold of Ram Singh and asked about the complainant Onkar Singh. Whereabouts of the complainant were not disclosed to the accused by Ram Singh whereupon accused Ram Babu gave out that Ram Singh should be done to death and his son would be seen later on. Thereafter, the accused took diesel from the drum of the complainant and sprinkled the same on Ram Singh and set him on fire. On the alarm raised by him, the complainant and other witnesses including Dambar Singh Pradhan PW 2, Chandrapal Singh and Harnam Singh PW 3 reached the place of occurrence whereupon the accused persons ran away from the spot leaving behind Ram Singh badly injured. The F.I.R. of the incident Ex.Ka.1 was lodged by Onkar Singh on 26.12.1979 at 4-55 A.M.