NARAIN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 20-5-1981 passed by Shri M.P. Singh, the then IV Addl. Sessions Judge, Etah in Sessions Trial No. 46 of 1980 whereby he has convicted the appellant Narain under Section 302, IPC and Sections 307. IPC and 147, IPC and sentenced him to undergo life imprisonment, ten years R.I. and two years' R.I. respectively. Accused Asa Ram, Sri Ram, Pokhpal and Roshan have been convicted under Section 302, IPC read with Section 149, IPC and Section 307, IPC read with Section 149, IPC and sentenced to undergo life imprisonment and ten years' R.I. respectively. Accused Sri Ram and Pokhpal have been further convicted under Section 147, IPC and sentenced to two years' R.I. Accused Asa Ram has been further convicted under Section 148, IPC and sentenced to three years' R.I. However, all the sentences have been directed to run concurrently.

(2.) The facts narrated in the F.I.R. are that P.W. 2 Ram Dayal, informant was ploughing his plot at about 7.00 a.m. His brother deceased Dhani Ram was cutting grass. His father Govind Ram was sitting nearby. All of a sudden, Asa Ram armed with gun, Narain armed with Lathi, Sri Ram armed with spear, Pokhpal. Charan Singh, Roshan and Ram Singh armed with Lathis, arrived there. Soon on arrival' Narain Singh at once gave a Lathi blow to the informant's father Govind Ram, hitting him on his head. Dhani Ram, brother of informant, rushed and snatched the Lathi from Narain. Narain thereupon snatched the gun from the hands of his father Asa Ram and fired at Dhani Ram with the intention to kill him. The shot hit Dhani Ram and he fell down. Sri Ram, Charan Singh and Roshan assaulted with Lathis and spears. Ram Singh, Pokhpal and Mohan Lal instigated and said "put them to death" (Maar do Salon Ko). Witnesses Bhojraj Singh, Asharfi Lal, Fateh Singh and several others from the village arrived there, saw the occurrence and intervened. The accused persons fled away towards the village. The informant went to the village and arranged a bullock cart through which he took his father and brother to the village and got scribed a report from Asharfi Lal and went to the police station along with his brother, Dhaniram and father Govind Ram. He lodged the F.I.R. at the police station Jalesar, district Etah at 10.30 a.m. A case was registered. The injured were sent to hospital.

(3.) Dhani Ram was medically examined by P.W. 1 Dr. R.S. Pratihar on 22-7-1979 at 11.30 a.m. He had sustained gun-shot injuries. He was in serious condition and was semi-conscious. He succumbed to his injuries at 11.43 a.m. and Dr. Pratihar reported the factum of his death to S.O. The case was converted under S. 302, IPC. Constable Madan Singh had brought the information of the death of Dhani Ram at the Police Station. S.I. Chandra Bhan Sharrna P.W. 7 went to the hospital and held inquest. He prepared other necessary papers and sent the dead body for postmortem.