LAWS(ALL)-1995-11-66

REWA RAM Vs. STATE OF UTTAR PRADESH

Decided On November 29, 1995
REWA RAM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 3-5-80 passed by Sri Munni Lal, IInd Additional Sessions Judge, Rampur, in Sessions Trial No. 3 of 1979, State of U. P. v. Rewa Ram and Sessions Trial No. 4 of 1979, State of U. P. v. Jagdish, whereby he convicted all the accused-appellants for the offence under Section 302/34, IPC and sentenced each of them to undergo imprisonment for life, for the offence under Section 307/34, IPC sentenced each of them to undergo 5 years RI and further for the offence under Section 452, IPC and sentenced each of them to undergo 3 years RI. All the sentences were made to run concurrently.

(2.) It is a double murder case. The deceased were Mangal Sen and Tota Ram. Both the deceased and the informant Ganga Ram were real brothers inter se. Ram Prasad injured was also their real brother. Mangal Sen deceased was real Mausera brother of accused-appellant Rewa Ram. Bhajan Lal accused-appellant is the Bhateej son-in-law of accused-appellant Rewa Ram. Rewa Ram and Jagdish accused-appellants were residents of Adil Nagar, Police Station Milak, district Rampur. Ganga Ram informant and Mangal Sen and Tota Ram deceased and Ram Prasad injured also were residents of Adil Nagar, Police Station Milak, district Rampur. Bhajan Lalaccused-appellant was resident of village Mubarak Pur, Police Station Demari, District Rampur. Bhura accused-appellant was the resident of village Gokul Pur, Police Station Milak, district Rampur.

(3.) There is a residential house of Ganga Ram informant in village Adil Nagar. To the north of his house there is his Baithak and to the north of his Baithak there is a Galiyara and after it there are two Saar of the informant and behind the same there is his Khaprail. To the front of his Baithak towards North there is Baramda. There are seven Dars in the Baramda towards North. After that there is Chabutra towards North. On the east of the informant's house there was a vacant land of Gaon Samaj. To the west of the informants house there is the house of Ram Swaroop. To the South of the informant's house there was Khaprail of Rewa Ram accused-appellant.