RAUR MURAI S/O JAGANNATH Vs. STATE

JUDGEMENT

(1.) THE aforementioned three appeals have been preferred against the judgement and order dated 7.12.83 passed by IV Additional Sessions Judge, Rae Bareli in Sessions Trial No. 526 of 1982 whereby the appellant Ram Milan has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life. He is further convicted under Section 307 IPC and sentenced to undergo five years' rigorous imprisonment. By the same judgement and order, the appellants Ram Lakhan and Raur Murai have been convicted and sentenced to undergo life imprisonment under Section 302/34 IPC.

(2.) THE appeal filed on behalf of Ram Milan, namely, Criminal Appeal No. 890 of 1983, stands abated on account of his death.

(3.) BRIEFLY stated, according to the prosecution case, the report of the incident in question was lodged by Bhagauti at P.S. Bhadokhar on 11.3.1982 at 7:30 p.m. According to the prosecution case, the incident had taken place on 11.3.1982 at about 6 p.m. when he was sitting at his door and son in law of his brother Chaubey, namely, Ram Lakhan alongwith his companion and friend Ram Milan and one Murai came there and started beating him. There was enmity between him and Ram Lakhan on account of some litigation in respect of certain property. Ram Lakhan challenged and said that he should not be left alive so that his brother may become owner of the entire property. He raised alarm and when he started running, all the three accused caught hold of him. In the meantime, Ram Gulam and Rameshwar rushed to the place of incident followed by Jageshwar, Gokul, Bhawani, Lal Bahadur and several other villagers. Ram Lakhan then challenged them and Ram Milan fired resulting in injuries to Ram Lakhan and Rameshwar. One or two pellets also hit Rani, daughter of Jagdeo. When the accused were chased, they ran away extending threats by firing gunshots. The injured Ram Gulam and Rameshwar were brought on a tractor with the report to the police station Bhadokhar. Rani was taken to the District Hospital, Rae Bareli. Ram Gulam died in District Hospital, Rae Bareli. After investigation, charge sheet was submitted in the court of Chief Judicial Magistrate. The case thereafter was committed to the court of sessions and the Sessions Judge framed charge under Section 302/34 IPC against Raur Murai and Ram Lakhan. They were further charged under Section 307 IPC read with Section 34 IPC and Section 307 read with Section 34 IPC. The accused pleaded not guilty and claimed to be tried.