LAL DIWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Arjun, son of Ram Ratan, aged about 17 years, Lal Diwan, aged about 25 years, Ram Ratan, aged 40 years and Shyam Sunder, aged 40 years, sons of Pancham, residents of village Bam hauri, P. S. Ata, District Jalaun were charged and tried by the learned Sessions Judge, Orai under various Sections of I.P.C. Arjun accused was convicted under Section 302, I.P.C. where as Lal Diwan. Ram Ratan and Shyam Sunder were convicted under Section 302 read with Section 34, I.P.C. vide judgment of conviction dated 24/07/1980. Each one of them was sentenced to life imprisonment vide order of the same date.

(2.) Feeling aggrieved against their conviction and sentence, Arjun convict has filed Criminal Appeal No. 1732 of 1980 whereas the convicts Lal Diwan, Ram Ratan and Shyam Sunder have preferred Criminal Appeal No. 1606 of 1980. Since both the. appeals have arisen out of the same occurrence and one judgment of conviction and order of sentence dated 24-7-1980, they are being disposed of by this single judgment.

(3.) The case of prosecution as unfolded in the testimony of its witnesses is that one Achelal son of Mari Lodhi, resident of village Karmer was married to Smt. Phula Rani, PW 3. He was issueless. He had four sisters including Smt. Ram Kali and Smt. Jai Bai, Chandrabhan, PW 2 is the son of Smt. Ram Kali, whereas Ram Ratan, Lal Diwan and Shyam Sunder are the sons of Smt. Jai Bai who was married to Pancham of village Bamhauri, P. S. Ata, district Jalaun, Arjun accused is the son of Ram Ratan. Achche Lal had developed liking for Chandrabhan and about 5 years back he had transferred 14 acres of his land in his favour. Chandrabhan along with his family was residing at village Karmer, Achche Lal also intended to transfer his house property in favour of Chandrabhan and his two brothers Jawahar and Sheo Singh. The accused party was very must. aggrieved against Achche Lal and Chandrabhan on this count. On 21-7-1978 at about noon Ram Ratan, Lal Diwan, Shyam Sunder and Arjun accused armed with lathi, rifle, spear and gun respectively, arrived the house of Achche Lal and at the exhortation Ram Ratan and Shyam Sunder, Arjun fired a shot with his gun killing Achche La1 on the spot. Lal Diwan also fired a shot with his firearm aiming at Chandrabhan, who missed his target, Sheo Ram and Mangal Singh are stated to have seen the occurrence. After the accused left the place of occurrence along with their respective weapons, Chandrabhan having been very much frightened, summoned his uncle from his village Rampura and lodged a report Ext. Ka-3 in the Police Station Ata which was at a distance of 10 KM from village Karmer, at 3.30 p.m. on that very day. On the basis of said written report the F.I.R. Ext. Ka 1 was recorded by constable Balram Singh PW 1.