RAM JATAN Vs. STATE OF U P

JUDGEMENT

(1.) Ram Jatan has filed this appeal against the judgment and order dated 30-9- 1981 passed by Sri U.S. Tripathi, the then VII Additional Sessions Judge, Allahabad in S.T. No. 356 of 1980. He has been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and under Section 323 I.P.C. read with Section 34 I.P.C. For the former offence he has been sentenced to imprisonment for life whereas for the latter the sentence passed is six months rigorous imprisonment.

(2.) The incident occurred on 16-10-1979 at about 10.30 P.M. in village Baladih, Police Station Mau Aima, District Allahabad and the report was lodged the following day at 8.00 A.M. by Mata Prasad PW 1. The prosecution case as emerging from the F.I.R. and the evidence adduced in the court may be set forth briefly. Mata Prasad PW 1 and his cousin brother Nankoo PW 2 as also the deceased Ayodhya resided in the village of the incident. Indrakali sister of Mata Prasad PW 1 was married to the accused-appellant. A son was born out of the wedlock. But the accused- appellant turned her out some 3-4- years before the incident. She then started living with brother Mata Prasad PW 1. Thereafter a panchayat was convened in which it was resolved that her marriage with Ram Jatan accused-appellant would be dissolved. It was also resolved that Mata Prasad PW 1 would return the ornaments of Ram Jatan accused and would pay him some money. Consequent upon the dissolution of the marriage, Mata Prasad PW 1 remarried his sister some six months before this incident. Despite the severing of all relations with Ram Jatan accused- appellant, he used to come to the village of Mata Prasad PW 1 and to frequently offer threats to kill him. On the day of the incident also at about 5.00 P.M., he came to the village of Mata Prasad PW 1 and told to Kallu and others that he would kill Mata Prasad PW 1. The same night, Mata Prasad PW 1 was sleeping at his door in front of his Baithak. His cousin Nankoo PW 2 was sleeping in front of his house. The accused-appellant with three others came over there. He and one of his companions were armed with lathis whereas two others had a gun and country-made pistol each. Seeing weapons in their hands. Mata Prasad PW 1 ran towards village Abadi raising alarm. The accused-appellant Ram Jatan and his associate with lathi started assaulting Nankoo PW 2. On the alarm raised by Mata Prasad PW 1, Ayodhya deceased, Kedar Nath PW 3, Kallu, Budh Ram and many others of the village rushed up. Mata Prasad PW 1 was ahead of them and was having a torch which he was flashing. When Mata Prasad PW 1 in the company of others reached in front of house of Kedar Nath PW 3, accused/appellant Ram Jatan exhorted his associates pointing him out that he (Mata Prasad PW 1) was the target to be finished. On his such exhortation and pointing out, the accuseds associate armed with gun aimed a shot at Mata Prasad PW 1 who managed to keep aside the fire hit Ayodhya who fell down and died. On being challenged by the witnesses, the accused and his associates ran away towards south of the village.

(3.) On the lodging of the F.I.R. in the next morning at 8.00 A.M. by Mata Prasad PW 1, a chik F.I.R. was prepared by H.C. Jagannath Prasad PW 5 and a case was registered. The investigation was taken up by Nageshwar Singh PW 6. He proceeded to the scene of the incident and busied himself with the activities related to the investigation including the preparation of inquest report and sending the dead-body of Ayodhya for post-mortem.