RAM PARSHAN SHAHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two analoguous appeals (Criminal Appeal No. 715 of 1979 -Ram Parshan Shahi v. State of U.P. and Government Appeal (against accquittal) No. 1708 of 1979 State of U.P. v. Ram Nayan (hereinafter referred to as the first appeal and second appeal respectively), are directed against the same judgment and order dated 19-2-1979 rendered by the III Additional District and Sessions Judge, Gorakhpur in Sessions Trial No. 448 of 1976, (for the offence under Section 302, 307, 147, 148, 149, and 324, I.P.C. and Section 27 of the Arms Act), convicting the appellants in the first appeal to the life imprisonment under Section 302, I.P.C. and for three years R.I. under Section 307, I.P.C. and 11/2 years R.I. under Section 324, I.P.C. and six months R.I. under Section 27 of the Arms Act but these sentences were to run concurrently, and acquitting the respondent Ram Nayan and 6 others in the second appeal. It is accordingly convenient to dispose them of by a common judgment.

(2.) The portrayal of the essential facts as contained in the F.I.R. are that in the occurrence that took place on 6-6-1976 at about 11 a.m. in village Garhwa Rampur, PPS. Barhaiganj, district Gorakhpur, one Nand Kishors Shahi was shot dead and Jangeshwar Shahi, Kedar Shahi and Vijai Pratap Shahi received injuries and the common object of the accused was to commit murder of Nand Kishore Shahi and to cause injuries to Jangeshwar Shahi, Kedar Shahi and Vijai Pratap Shahi. The prosecution case further was that Ram Parshan Shahi and Ganendra Shahi, appellants No. 1 and 2 in the first appeal were armed with licenced gun and spear respectively and they along with other accused including the accused in second appeal caused injuries to the deceased and other injured persons.

(3.) A Government appeal, the second appeal has been preferred by the appellant, State of U.P. against Ram Nayan and 6 others.