RAMRIKH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment and order dated 15.1.1983 passed by IVth Additional Sessions Judge, Bulandshahr in S.T. No.146 of 1982 arising out of Case Crime No.169 of 1981 whereby the appellant was sentenced to undergo life imprisonment under Section 302 IPC and five years rigorous imprisonment under Section 394 IPC. Both the sentences were directed to run concurrently.

(2.) The facts emanating from the prosecution case are that a First Information Report was lodged by Mamchand on 29.11.1981 at 10.30 A.M. in respect of the incident occurred in the intervening night of 28/29.11.1981 at about 12 P.M. against the appellant Ramrikh and three unknown persons contending therein that on previous night he was sleeping in his hut along with his wife. His brother Meharchand was sleeping along with his wife under a thatch adjoining the house where a lantern was burning. Prakasho, the sister-in-law of Meharchand, was also sleeping in the adjacent room. At about 12 P.M. in the night on the scream of Meharchand the complainant woke up and and flashed the torch and rushed towards his brother Meharchand. He had seen that four miscreants holding lathi and spears were beating and dragging his brother Meharchand and Kranti, the wife of Meharchand out of the house. His brother Meharchand and Kranti were screaming badly. At this his nephew Pal came flashing torch light. Prakasho, the sister-in-law of Meharchand, also came out on hearing shrieks. She was also assaulted by the accused persons. Out of them the appellant Ramrikh who resides near his house, was recognized in the torch and lantern light. Rest of the persons were not recognized at that moment. When all the persons raised alarm and exhorted the appellant Ramrikh fired at his brother Meharchand with katta. Two of the accused also ran towards the complainant Mamchand. Then he retraced and tried to run few paces to save life towards north. They had also fired at him but it was missed. Thereafter all the accused persons entered into the house of his brother Meharchand and took away gold and silver ornaments as well as clothes. The complainant's brother Meharchand, his wife Kranti and his sister-in-law Prakasho had sustained serious injuries, on account of which, they were carried on a tractor to Dadri Hospital. The doctor had advised to take them to Delhi for treatment. His brother, however, succumbed to the injuries on his way to Delhi. Few days before the incident Ramrikh's brother Rame and one Santram and others of Badoli had set fire to the house of his brother Meharchand regarding which a report was lodged consequently, Rame, the brother of the appellant Ramrikh and others were sent to jail. On account of the aforesaid enmity Ramrikh, the appellant in association with his companions had committed murder of his brother Meharchand. The complainant has left the dead body of the deceased Meharchand and injured at his house to lodge the First Information Report for action be taken against accused persons.

(3.) The First Information Report was scribed by Ramvir Singh. Triloki Chand (P.W-5), Head Constable prepared the chik report and registered the case as Case Crime No.169 of 1981 under Sections 302,394 IPC, P.s. Dankaur, District Baulandshahr in the general diary Ext. Ka-3.