RAM NATH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 3.8.2000 passed by IV Additional Sessions Judge, Pilibhit in S.T.No. 812 of 1996 and 813 of 1996 whereby the appellants have been convicted under Sections 302/149 I.P.C. and 302/120-B, I.P.C. and sentenced to undergo life imprisonment and a fine of Rs. 5,000/- each and under Section 148 I.P.C. to undergo rigorous imprisonment for one year. Appellant No. 3 Chheda Lal had been further convicted under Section 404 I.P.C. and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 3000/- and under Section 25 of Arms Act to undergo sentence for one year.

(2.) According to the report of C.J.M. appellant No. 4 Budhsen died on 23.10.2004 and the appeal of Budhsen has already been abated vide order dated 1.8.2005.

(3.) The brief fact of the case as mentioned in the report lodged by Rajendra Singh is that his niece Sarla was married with Rajesh Singh s/o Inspector Singh r/o village Mathudadi. The mother-in-law of Sarla, Smt. Ram Moorti had illicit relations with one Ram Nath s/o Mangol Teli. The husband of Sarla had objected and also made complaint. He alongwith Inspector Singh s/o Malikhan Singh, nephew Devendra Singh came to village Mathudadi to advise Ram Moorti. In the meantime she had informed her lover Ram Nath about this matter. Ram Nath alongwith his brother Data Ram, Chheda Lal, Budh Sen, nephew Prem Pal and Natthu Lal armed with Banka and Kanta were searching for them. At about 5 p.m. when they were returning after eating watermelon from the "Palage" of Rajesh Singh and reached at the culvert near the house of Ram Nath suddenly all the accused persons surrounded and started assaulting them. Devendra Singh after receiving injuries fell on the ground and his rifle also fell there. He screamed and ran away. He saw that his niece Sarla and Har Pal Singh were coming alongwith several other villagers to save them. In the meantime his brother Inspector Singh and son-in-law Rajesh Singh died on the spot. Devendra Singh jumped into the river in an injured condition and was chased by Data Ram and Prem Pal and they killed him in the river by assaulting with their respective weapons. The accused took away his licensed rifle and belt of cartridges. He reached at the police station and lodged the report on 16.5.96 at 6.45 p.m. The distance of the police station from the place of occurrence is 7 km. Ajaz Mohammad Khan, Head Moharrir prepared the chik F.I.R. and entered in the G.D. The Chik report is Ex.Ka.2 & G.D. entry is Ex Ka.3.