RAM KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 29.5.1979 of the V Additional District & Sessions Judge, Moradabad. whereby he convicted the 7 appellants. While appellant Ram Kumar has been convicted of the offences under Sections 302,148 and 323/149 of the I.P.C, appellants Dal Chand, Babu, Shiv Charan, Ram Singh, Kallu and Govinda have been convicted of the offences under Sections 147 and 323/149, I.P.C. Ram Kumar has been sentenced under Section 302, I.P.C. to imprisonment for life. under Section 148, I.P.C. to R. I. for 6 months, and under Section 323/149, I.P.C. to a fine of Rs. 500, or in default, to undergo simple Imprisonment for 2 months. The rest of the appellants have been sentenced under Section 147, I.P.C. to R.I. for 4 months and under Section 323/149, I.P.C. to pay a fine of Rs. 500, or in default, to undergo simple imprisonment for 2 months each.

(2.) APPELLANTS Dal Chand and Ram Singh having died pendente lite, the appeal in respect of them stands abated.

(3.) A day before the incident of murder, appellants Ram Kumar, Dal Chand, Ram Singh and Govinda along with a lawyer and his clerk, named Sheetal Prasad, came to the house of the first informant and tried to put lock at the room of the said house saying that the lawyer had come with an order of the Court to do so, and despite protests of these persons, forcibly locked the rooms and left. (During the trial the first informant identified the said lawyer as Shri B. P. Sharma, the defence counsel in the trial court). It is further alleged that on the day of occurrence at about midday appellants Dal Chand, Govinda, Ram Singh and Ram Kumar kept their bullock-cart and engine in the courtyard, and when objected they threatened to teach a lesson to the informant and his family members.