BISHUN DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) Bishun Dayal, Jagdish, Ram Autar, all residents of Village Achrauda, Police Station Nababgaj, District Farrukhabad and Lai Singh, resident of Village Guthia, Police Station Nawabgaj, District Farrukhabad have challenged the correctness of their conviction and sentences recorded in Sessions Trial No. 352 of 1980, State Vs. Bishun Dayal and Ors. by Second Additional Sessions Judge, District Farrukhabad. By the impugned judgment, the second Additional Sessions Judge has convicted and sentenced them under Sec. 147 I.P.C. for one year R.I., under Sec. 307/149 I.P.C. for five years R.I. and under Sec. 302/149 I.P.C. for life imprisonment.

(2.) During the pendency of this appeal Bishun Dayal appellant No. 1 died and consequently his appeal abated on 12.12.2005. Under the same order Sri Vinay Saran, learned counsel representing appellant Nos. 2 and 4 has been appointed as amicus curiae for Ram Autar appellant No. 3 because he has been reported to be absconding.

(3.) The prosecution case as is perceptible from F.I.R. lodged by Munni Lal P.W.I is that in between the night of 16/17.4.1980 he and his family members were sleeping in their house and his cousin brother Puttoo Lal was sleeping in hutment in front of the house. At about 12.00 in the night shrieks of Ram Das echoed that he had been caught by the miscreants. Informant and his sister-in-law (Bhabhi) rushed to save Ram Das but they were also fired at. The accused also started catching hold of Puttoo Lai who was under his quilt but he pleaded to take away whatever they wanted instead of assaulting him. The miscreants retorted that they had not come for committing dacoity but to avenge the enmity of siding with Ram Das and shot at in his neck. Amongst the accused, the present four appellants ( out of whom Bishun Dayal is dead) were named by the informant and other witnesses and rest were stated to have been seen very well. On hue and cry being raised, Brindaban son of Lochan Lohar, Pyare Lal son of Baldev Jatav, Jagdish son of Ranjeet Dhobi and other family members of the informant rushed at the spot armed with lathis, dandas and torches. The accused made their escape good towards north. The informant had enmity with Bishun Dayal as he had insulted his sister Sontara two or three days prior to the incident and an scuffle had ensued between them. Bishun Dayal had threatened him with life and motivated by that the above incident was committed by the appellants.