RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) THE appeal in hand is preferred against the judgement and order dated 22.7.80 passed by I Additional Sessions Judge, Sultanpur in Sessions Trial No. 18 of 1979 and 62 of 1979, whereby accused Ram Naresh alias Naresh and Kallu have been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and also under Section 436 IPC whereunder they have been sentenced to undergo rigorous imprisonment for four years. They have also been convicted under Section 147 IPC and sentenced to undergo one year rigorous imprisonment and under Section 336 IPC whereunder they are awarded a sentence of three months rigorous imprisonment. The accused Bhagai, Khelawan, Subaran, Suman alias Soman, Baijnath, Manau, Suggu and Jagjiwan have been sentenced to undergo one year rigorous imprisonment under Section 147 IPC and three months rigorous imprisonment under Section 336 IPC. All the sentenced are directed to run concurrently.

(2.) SHORN of unnecessary details, the facts of the case as brought forth by the prosecution are that the informant Ashiq Ali resident of village Husainpur, District Barabanki which is situated at a distance of about two miles from village Shukulpur, where accused Jagjiwan resided. All the other accused resided in the village of the informant and are Pasi by caste. It is stated that a day prior to the occurrence, some incident of Marpeet took place between the parties. On the next day i.e. 8.4.78 Jagjiwan came to the village Husainpur and collected accused persons and other persons of his community at the door of Sainuddin, Up -Pradhan and convened a Panchayat. Samiullah the Pradhan of the village was also there, who gave a verdict that parties should pay for the injuries caused to the injured children in the incident. Thereafter Samiullah went away for offering prayer. The accused got infuriated and refused to pay expenses. They started threatening the complainants. They challenged the informant. He ran and went inside his house alongwith his family members and bolted the door from inside. The accused surrounded the house of the complainant and attempted to break open the door by their lathis and started threatening exhortation. Thereafter Naresh and kallu set the thatches on fire towards western and eastern sides respectively. The house was set ablaze and the accused remained around the house for some time and fled away. Number of persons arrived but none helped in getting the fire extinguished. The complainant and his family members tried to come out of the house from eastern door, except Smt. Rashidan and Hanif, who were trapped inside the house. Before they could come out of the house, burning thatch on the eastern door fell down. The fire extinguished in an hour. The informant and others went aside and found Rashidan and Hanif dead near the eastern door of the house. Written report of the incident was lodged by the informant, which was prepared by Saindin at his dictation. Chik F.I.R. which is marked as Ex. Ka -2, was prepared and the case was entered in G.D., which is Ex. Ka -3.

(3.) PW -6 S.I. Bharat Singh commenced investigation. He reached the place of occurrence and inquest proceedings were started. He prepared inquest report (Ex. Ka -4) on the dead body of the deceased Hanif, challan lash (Ex. Ka -5), sketch Ex. Ka -6, report Ex. Ka -8 and Ka -10 and sample seal Exd Ka7 . The dead body was sealed and handed over to Constable Farjand Ali for postmortem examination. He also conducted inquest on the dead body of Rashidan. The inquest report is Ex. Ka -11. He also prepared challan lash, sketch and letters to CMO, which are Ex. Ka -12, Ka -13 and Ka -15. Copy of chik F.I.R. is Ka -16. Thereafter the dead body was sealed and handed over the Constable Gulab Singh for postmortem examination. The sample seal is Ex. Ka -14.