PANDIT @ BASUDEO Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Pandit alias Basudeo and Ram Sagar both sons of Ram Sunder against the judgment and the order dated 4.9.2004 passed by learned Additional Sessions Judge/I, Fast Track Court, Gonda in Sessions Trial No. 32 of 1989(case crime no. 62 of 1987, under Sections 147, 323/149, 307/149 I.P.C., police station Mankapur, district Gonda) convicting and sentencing the appellants under Sections 147 and 323/149 I.P.C. for a period of one year's R.I. respectively. The sentences shall run concurrently.

(2.) BRIEFLY stated, the facts of the prosecution case is that Ram Teerath son of Ram Sunder Kurmi forcibly wanted to keep grams in the field of complainant Sriram. Complainant's son Ram Sabad stopped doing so. For this reason, on 22.4.1987 when Ram Shabad was returning back to his shop, he was threatened by Ram Teerath with dire consequences. On 23.04.1987, complainant and others had gone to perform 'Tilak' ceremony. On 24.04.1987, complainant's son was again threatened at his shop. In the intervening night of 24/25.04.1987, complainant's son Ram Kumar slept on the roof of the house while one Ramjas of village Rudrapur and Rajaram of village Mohanna, who had come to attend the 'Tilak' ceremony, slept at the door of the house of the complainant. Ladies slept inside the house. As usual, the lantern was burning at the door. At about 11.45 p.m., appellant Ram Teerath Pandit @ Vasudeo, Ramsagar both sons of Ram Sunder Kumri, Salik son of Ferai Kurmi of village Baggharwa and one unknown person armed with lathi, 'danda', 'farsa' and 'katta' having common intention reached at the door and instigated. They started searching complainant's son Ram Shabad and while beating Ram Kumar, inquired from him whereabouts of Ram Shabad(complainant's son).They entered into the house and started searching for Ram Sabad. As soon as Ram Sabad lighted his torch and looked down from the roof, accused Salik fired from his katta with intention to kill. Complainant's son ran here and there on the roof. Alarm was raised which attracted villagers and police personnel also reached at the place firing, lighting their torch. The accused persons fled towards jungle. There was an enmity with the accused persons with regard to 'khalihan' and for this reason the accused persons had come to kill complainant's son. It is further alleged that the complainant, his family members and relation, who had come to his place, had properly recognized the accused persons. The complainant's son received injuries. He jumped down from the roof and ran towards the village. He received injuries during fall. On the basis of written report(Ext. Ka -3), chik F.I.R.(Ext. Ka -1) was lodged on 25.04.1987 at 5.00 a.m. as case crime no. 62/1987 under Sections 147, 148, 149, 307, 323 I.P.C., police station Mankapur, district Gonda. The entry of 'nakal report'(Ext. Ka -2) was made in the G.D. Injured Ram Sabad and Ram Kumar were medically examined on 25.04.1987 at P.H.C. Mankapur by Dr. O.P. Srivastava who found as many as five injuries on the person of the injured Ram Sabad. All the injuries were simple in nature. Injury no. 1 was caused by blunt object and rest of the injuries were caused by friction. Injured Ram Kumar received two injuries. Both the injuries were simple in nature and caused by blunt object. The injury report(Ext. Ka -4 and Ext. Ka -5) was prepared respectively. The investigation was conducted and after its completion charge -sheet(Ext. Ka -10) was submitted.

(3.) THE case was committed to the court of sessions after completing legal formalities. The charges were framed under Section 147, 307/149, 323/149 I.P.C. Accused persons denied their charges and claimed trial.