STATE OF U P Vs. BABU RAM

JUDGEMENT

(1.) THIS Government Appeal has been filed under section 378 Cr.P.C. by State of Uttar Pradesh against accused Babu Ram and nine others challenging the impugned judgment and order dated 31.5.1983 whereby learned Trial Court has recorded a finding of acquittal of accused -respondents Babu Ram, Pooran sons of Shekhar, Lakhmi Chand son of Ram Niwas, Bangali, Rameshwar sons of Loti, Loti son of Harphool, Som Pal, Sukkhar sons of Chatru, Shekhar, Chatru sons of Fakira out of whom during the pendency of this criminal appeal accused -respondents Babu Ram, Pooran, Loti, Shekhar and Chatru have expired, therefore, vide order dated 13.2.2014 appeal against them has been abated. Now this judgment pertains only in respect of accused Lakhmi Chand son of Ram Niwas, Bangali, Rameshwar sons of Loti, Som Pal, Sukkhar sons of Chatru alone. Accused Bangali was charged for the offence punishable under sections 147, 323/149, 452 and 302/149 I.P.C. whereas rest of the aforesaid accused were charged under sections 148, 323/149, 452 and 302/149 I.P.C. They had denied the charge and claimed their trial.

(2.) THE incident is dated 27.12.1980 at about 9:00 a.m. As per the prosecution case 9 or 10 days ago from the date of incident accused Babu Ram had lodged a false report of theft against Katara and Jaswant, who are brothers of the first informant, Fatta son of Ghasi, R/o Mohabalipur, P.S. Charthawal, District Muzaffar Nagar. In that F.I.R. Both the accused Katara and Jaswant were bailed out by the Court. On the aforesaid date and time of incident, Katara was going to Charthawal. In the way near the house of Niranjan, accused Babu Ram armed with Ballam met him and extended threat that he would teach him a lesson for getting bail in the aforesaid theft case which resulted into some altercation in between the two. Katara went to his house. Soon after, accused Pooran, Loti armed with spear (Bhala), Chatru armed with Garasa, Som Pal armed with axe, Rameshwar armed with gun and Bangali armed with lathi attacked Katara in his house and started beating him. Accused Babu Ram inflicted Ballam injuries in the neck of Katara, all the remaining accused used their respective weapons. Accused Lakhmi armed with gun was instigating the remaining accused to commit the murder of Katara. Witnesses Niranja and Mahakar Singh went to rescue. Katara fell down unconscious after sustaining injuries All the accused managed to their escape good. Mahakar Singh escorted Katara in a Bogi to hospital.

(3.) IT appears that a number of persons from the accused side including some of the accused received injuries in the same incident regarding which a cross case was registered in which charge -sheet was submitted and trial proceeded. Accused were called upon to enter into their defence. Accused examined in their defence Subhash Chandara Tyagi, D.W.1 and Jai Prakash, Head Clerk, D.W.2.