BALIRAM & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Brijesh Sahai, learned counsel for the appellants, Sri Arunendra Kumar Singh, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 24.3.2007 passed by learned Additional Sessions Judge, Court No. 3, Basti in Sessions Trial No. 290 of 2001, under Section 302 I.P.C., Police Station Lalganj, District Basti arising out of Case Crime No. 318 of 2001 whereby appellant Baliram was convicted for the offence under Section 302 I.PC. and appellants Bansraj and Rajesh were convicted for the offence under Section 302/34 I.P.C. and were sentenced with imprisonment for life and also with fine of Rs. 2,000/- each, with default stipulation of one month additional imprisonment. Appellant Baliram and Rajesh were also tried for the offence under the Arms Act for the alleged recovery and Sessions Trial No. 291 of 2001 and 292 of 2001 were also tried along with Sessions Trial No. 290 of 2001. However, they were acquitted of the charges under the Arms Act.

(3.) In brief the case of the prosecution was that an F.I.R. was lodged on 26.5.2001 by Ram Prasad at 22:10 hours at Police Station Lalganj, which was situated at about 13 kilometers from the place of occurrence, alleging therein that some dispute regarding agricultural land was going on with appellant Baliram and Bansraj. Appellant Baliram and Bansraj are the real brothers .The third appellant is an associate of the above two appellants and is resident of different village, namely Chheriha. It was alleged that a dispute of land was also going on with appellant Rajesh. On 26.5.2001 complainant along with his uncle Ganga Ram was coming from Village Chheriha towards their village Mahurai. The complainant was having a torch in his hand. In the evening at about 8:00 p.m., when these persons reached near the field of Jagannath Teli then appellants Baliram, Bansraj and Rajesh, who were hiding there, exhorted these persons to surround them and to kill them. The complainant started running but his uncle Ganga Ram could not run. Appellants Baliram fired a shot on his back due to which, Ganga Ram fell down and thereafter Bansraj and Rajesh each gave a blow of knife to him due to which he immediately succumbed to the injuries. Hearing the noise of fire and alarm raised by the complainant, his father Hari Ram and his relative Ram Kewal, who were going to attend the call of nature, also reached there with their torches and the appellants started running towards the temple. All the appellants were recognized in the torch light. The complainant leaving the dead body of his uncle Ganga Ram went to lodge the F.I.R., which was lodged on the same day at 22:10 hours i.e. only about 2 hours and 10 minutes after the incident. The Investigating Officer came to the place of occurrence and inspected the same. The torch of the complainant was taken into custody and its recovery memo was prepared and thereafter it was handed over to the complainant. The shoes of the deceased were also taken into custody and its memo was prepared. The bloodstained and plain soil were also taken into custody. The inquest was started in the same night and it concluded at 23:55 hours. During the course of investigation, on 28.5.2001, the police party apprehended Baliram and from his possession one countrymade pistol 12 bore and three live cartridges were recovered and in the same arrest, appellant Rajesh was also apprehended and from his possession one Rampuri knife was recovered. For the said offences under Arms Act, they were tried in separate sessions trial, which were decided along with the instant sessions trial. However, they have been acquitted for the said offence. No appeal has been filed by State challenging the said acquittal. The postmortem on the body of Ganga Ram was conducted on the next day i.e. 27.5.2001 at 2:40 p.m. and following injuries were found on his body:-