STATE OF U P Vs. RAM SUMIRAN

JUDGEMENT

(1.) THE State has preferred the present appeal against the judgement and order dated 20.1.1981 passed by IV Additional District & Sessions Judge, Barabanki, acquitting the respondents of the charges under Section 302/34 IPC and Section 394 IPC in S.T. No. 48 of 1980.

(2.) LEAVING the details not relevant for the case in hand, according to the case put forth by the prosecution, on 2.8.79 Ghanshyam Das, Thakur Prasad residents of Village Madhwapur, P.S. Ramnagar, District Barabanki alongwith their relations Ram Pal and Naumi Lal were coming to village Madhwapur at about 10 p.m. After getting down from bus at bus station Markamau, when they reached in a Galiyara of village Markamau, near the field of one Raja Ram, the accused Ram Sumiran armed with a gun, accused Avadh Ram, Ram Naresh armed with country made pistols and accused Phool Chandra armed with a gun, emerged from western side of the field. Thakur Prasad and his companions flashed torches and recognized the accused persons. Ram Sumiran and Ram Naresh fired at Ghanshyam Das from their firearms. Ghanshyam Das fell down in the Galiyara. Phool Chandra and Awadh Ram threatened Thakur Prasad and others with their firearms. Awadh Ram took the handbag of Ghanshyam Das in which papers of life insurance and Bank and Rs. 5500/ - in cash were kept. Besides, half kilogram of gunpowder, pellets, a dhoti and a kurta were also in the bag. Phool Chandra took pistol of Ghanshyam Das. Ram Naresh took umbrella and wrist watch. The accused thereafer fled away. Ghanshyam Das died on the spot. A written report of the incident was lodged at the police station.

(3.) AFTER investigation, the case was committed to the court of sessions and the Sessions Judge framed charges under Section 302/34 IPC and Section 394 IPC. The case of the defence was of denial and false implication.