RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT criminal appeal has been preferred by the appellants against the judgment and order dated 8th of July, 1986 passed by Shri P.N. Rai, Special Judge, Basti in Session Trial No. 63 of 1984 convicting the appellants Ram Naresh and Rajendra under section 148 IPC and awarding sentence of 1 year rigorous imprisonment for the same and further awarding them life imprisonment under Section 302 IPC read with Section 149 IPC as well as by appellants Nar Singh, Onkar, Bechu @ Bechan, Pathak Beldar, Ram Asare, Mangru Dodhi holding them guilty for an offence under Section 147 IPC with sentence of 6 months rigorous imprisonment and for an offence under Section 302/149 IPC for life.

(2.) DURING the pendency of appeal appellant no. 1 Ram Naresh son of Bansu Upadhyay, appellant no. 4 Bechu @ Bechan son of Ram Chander, appellant no. 5 Pathak Beldar son of Hera Beldar and appellant no. 6 Ram Asrey son of Kwleshwar Dhobi have died and as against them vide Court's order dated 21.1.2014 appeal stands abated and, accordingly, present appeal in question is being taken up qua Nar Singh, Onkar, Mangru Dodhi and Rajendra Prasad.

(3.) THE prosecution story that has been unfolded in the present case by the complainant Rikhai son of Lalsa Upadhyay is to the effect that he is the resident of village Harriya, Police Station Lalganj, District Basti and has a chak in village Rampur, Police Station Munderwa and there has been a litigation in between his brother Kapil Dev Upadhyay and his cousin -sister Swahatra Devi and the said litigation in question has been ongoing in the Court of Commissioner Gorakhpur Division, Gorakhpur and there has been stay -order in his favour and on the fateful day i.e. 23.10.1983 at about 12 in the afternoon he was getting the paddy crop thrashed in the Khalihan after same has been harvested by Ram Dhani, Ram Darash, Smt. Sampati, Ram Kewal Chaturi and Hooblal and at the said point of time when crop was being thrashed Ram Naresh, Nar Singh, Onkar, Bechu @ Bechan, Pathak Beldar, Ram Asrey, Mangroo Dodhi and Rajendra Prasad came on the spot armed with deadly weapons such as ballam and lathi and started assaulting Ram Dhani, who has been thrashing the crop in question and the moment such an incident was committed by them the informant and others started raising voices and then on hearing noise Ram Ratan, Gomti and Ram Prasad as well as various other villagers came on the spot and intercepted then accused persons fled from the scene. The accused appellants have caused injuries by lathi and ballam and same has been witnessed by informant and other. The injured was taken to the police station and in between he died and then his body was brought to Police Station Lalganj wherein first information report was lodged. In the said first information report it was precisely mentioned that FIR was lodged at Police Station Lalganj on account of Munderwa police station being at greater distance. At police station Lalganj inquest was carried out and thereafter body was send for postmortem and postmortem has been carried out.