RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) RAMESH Chand, Prakash Chand, Naresh Chand and Sita Ram have filed this appeal against their conviction and sentence under Section 302/34 and 307/34 IPC recorded by Sri K. C. Bhargava, 2nd Additional Sessions Judge, Muzaffarnagar, by his judgment and order dated 12th December 1977, They were sentenced to undergo life imprisonment and seven years R. I. under the aforesaid sections of the Penal Code respectively. Together with the appellants, RAMESH Chand s/o Bhagwan, Somi, Khemma and Chander were also prosecuted but they were acquitted by the trial court. The State of U. P. did not file any appeal against their acquittal, and, therefore, we are left to deal with the cases of the present appellants who had preferred the appeal.

(2.) THE appellants Prakash Chand, Naresh Chand and Sita Ram are brothers and they are the sons of Saheblal. Ramesh Chand appellant is the son of Ram Chander who is the brother of Saheb Lal. In this way, Ramesh Chand appellant is related to the rest of the appellants being their cousin.

(3.) THE case of the prosecution is that at about 2 or 2.30 p. m. on 13-9-1976 when Onkar PW 2, Kacheru deceased, and Sunheri were sitting on one cot and Ram Kishore and Pyara PW 1 were occupying another cot in front of the Gher of Vishambhar and were enjoying Hukka, all the appellants along with the acquitted accused climbed upon the roof of Mulhar with their respective fire arms in their hands as stated above and out of them, Ramesh Tyagi exhorted that the complainant would be given lession for constructing the wall whereupon all the accused resorted to firing towards Pyara and others with the result Onkar PW 2, Ram Kishore, Sunhera and Kachheru had sustained gun shot injuries, Kachheru fell down inside the gallery of the Gher of Vishambhar on receiving the injuries and succumbed to his injuries instantaneously on the spot. THE witnesses Pirthi, Dalla PW 3, Dharam Singh and Chaman were attracted to the scene of the occurrence and on their intervention, all the eight accused persons had made good their escape.