TILAK RAM Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 23-12-1997 passed by 1st Additional Sessions Judge, Meerut whereby the appellants have been convicted under S. 148, I.P.C. and sentenced to undergo rigorous imprisonment for two years and under S. 302 read with S. 149, I.P.C. sentenced to undergo imprisonment for life and under Ss. 323/149, I.P.C. sentenced to undergo rigorous imprisonment for three months. All the sentences to run concurrently.

(2.) The brief facts of the case as mentioned in the First Information Report are that on 21-1-1977, Suresh Chand, informant along with his brother Janmejay, cousin Jagbandhan and brother-in-law Ajab Singh were working in their field. Tilak Ram, Satyaveer, Vakil and Lekhpal were also ploughing their field. At about 10 a.m. they started cutting soil from the Daul of their field. On this Jagbandhan objected and the accused persons started abusing. Randhir Singh also reached there and intervened. The accused left the field after extending threats and returned along with accused-Dalbir, Dan Sahai and Harveer. Accused-Tilak Ram, Dalbir and Harveer were armed with Ballam, Vakil and Lekhpal armed with Balkati and Satyaveer and Dan Sahai were armed with bhala reached there. Jagbandhan was smoking hukka and he was assaulted by the accused and he died on the spot. The witnesses Ajab Singh, Sachitanand and Janmajay attracted by the cries and ran towards the scene of occurrence. Accused-Satyaveer, Vakil and Lekhpal ran towards them and so they fled and took shelter in the field of Bakhtey, Mitthan who was working in his field was also attracted by the noise and he was intercepted by them. Satyaveer assaulted him with Bhala. Meanwhile Tilak Ram reached there and asked the assailants to leave him and proceeded to the village to do away with Randhir. Randhir was sitting on his cot in his gher and his wife Smt. Kishan Dei was cleaning the buffalo. On the arrival of the accused he tried to run away to save his life but was surrounded and mercilessly assaulted by the assailants and he also died on the spot.

(3.) On being informed by Mitthan that the accused had gone to the village to do away with Randhir, Suresh Chand, Janmejay and Ajab Singh rushed to the Gher of Randhir where they were told about the occurrence. Suresh Chand lodged the F.I.R. at the police station at 1.15 a.m.