SITA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Appellants Sita Ram, Chhatanka alias Galli residents of Hathras, District Aligarh have filed this appeal against their conviction under section 302 read with section 34 IPC, and under Section 394 IPC, and sentence of life imprisonment and two years R.I. under the afore mentioned sections of the penal Code respectively recorded by Shri B. P. Singh. IV AddI. Sessions Judge, Aligarh by his judgment and order dated 31.5.1977.

(2.) The case of the prosecution is that the complainant Dhanpatlal P.W. 1 and Rishi Ram were the real brothers and they carried on the business of sale and purchase of Ghee in the town of Hathras under the Style of AGYA RAM RISHI RAM. Two persons have lost their lives in the present case i.e. Rishi Ram and his Munim Madanlal. It is also said that the deceased Madan Lal and co-accused Rajendra (acquitted by the Trial Court) were the Munims of the aforesaid Firm of the complainant namely AGYA RAM RISHI RAM. The deceased Rishi Ram used to live alongwith his brother Dhanpat Lal and his father Agya Ram in a building situated in Mohalla Madho Garhi, Hathras and they had common business. Their shop was situated in the same building on the ground floor and they used to live on the upper story of the said building.

(3.) The aforesaid Firm, had an extensive business of Ghee and it was supplied to various shop keepers of Delhi on cash and even on Credit and the deceased Rishi Ram and his Munim Madanlal used to go to Delhi every week for realisation of money from the customers at Delhi to whom the Film used to supply Ghee on credit. Both the deceased Rishi Ram and Madan Lal in every week used to go to Delhi by Bus in the morning at about 5.30 P.M. from Hathras and they also used to return from Delhi to Hathras the same day in the evening by Mathura Agra - Lucknow Express.