RAM SANEHI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 7-8-1992 passed by Sessions Judge, Jhansi in Sessions Trial No. 44 of 1989 convicting all the appellants under Sections 302 read with 34. IPC for committing murder of Bahadur, under Sections 302 read with 149, IPC for committing murder of Pyare Lal and sentencing each of them to imprisonment for life on each count. Appellants Ram Sanehi, Ramadin, Baladin and Shiv Dayal were further convicted under Section 148, IPC and sentenced to undergo R.I. for a period of one year, while appellant Dhamidhar was further convicted under Section 147, IPC and sentenced to undergo R.I. for a period of six months. All the sentences were ordered to run concurrently.

(2.) The prosecution story, briefly stated, was as under : A few years before the occurrence of this case, Umrao, father of appellant Ram Sanehi was murdered. Bahadur deceased was prosecuted for said murder. Pyare Lal deceased, father of Bahadur deceased, was doing pairvi on behalf of Bahadur. Ultimately Bahadur was acquitted of the said murder case. On account of it, there was enmity between Ram Sanehi and the two deceased Pyare Lal and Bahadur. The other appellants were of the family of Ram Sanehi.

(3.) On the evening of 19-11 -1988 at about 4.30 Deopal (P.W. 1), s/o Pyare Lal, Devi Singh (P.W. 2) and Kallu were sitting in the cattle shed of Jawahar of his village, as Deopal (P.W. 1) had gone there to sharpen his sickle. After about 10 minitues, Bahadur deceased, the brother of Deopal (P.W. 1) also came there for sharpening his gandasa. In the meantime, appellants Ram Sanehi, Bala Prasad alias Balla, Shiv Dayal and Ramadin came there. Appellant Shiv Dayal was having spear and appellants Ram Sanehi, Bala Prasad and Ramadin were having guns. Shiv Dayal appellant inflicted spear blow on left shoulder of Bahadur and thereafter Ram Sanehi, Bala Prasad and Ramadin fired on him from their respective guns. Bahadur deceased fell down and died. The witnesses present there could not dare to save him due to fear. After murdering Bahadur, Ram Sanehi told that they had killed him (Bahadur) and his father Pyare Lal should also be killed. Saying it, the above appellants proceeded towards field, where Pyare Lai was watching his Bajra crop. Depal (P.W. 1) along with Devi Singh (P.W. 2) and Kallu followed the above appellants and when they reached in the field, they saw that Pyare Lal deceased, his son Manohar (P.W. 3) and wife Moola Bai were present in the field. In the meantime, appellant Dhamidhar also came there and joined the other appellants. Dhamidhar snached axe of Pyare Lal and thereafter Ram Sanehi, Baladin and Ramadin fired on Pyare Lal from their respective guns. Sustaining fire arm injuries, Pyare Lal fell down. Appellant Dhamidhar then cut his neck with Kulhari. Deopal (P.W. 1) and others raised alarm and hearing shrieks, several persons of the village rushed towards spot, but before they could reach the spot the appellants made their escape good by running towards jungle. After fleeing of the appellants, Deopal (P.W. 1) and others came to Pyare Lal who was lying dead near Mahua tree in the field. This occurrence took place at about 4.45 p.m.