TRIBHUWAN Vs. STATE OF U P

JUDGEMENT

(1.) Five accused-appellants, namely, Tribhuwan, Sita Ram, Ram' Suresh, Rajendra and Ram Vijai together with one Jogendra were tried in S.T. No. 132 of 1981 before the IV Additional Sessions Judge, Azamgarh for rioting, murder and assault. Jogendra (non-appellant) came to be acquitted. Ram Vijai has been convicted under Section 302 I.P.C. for murdering one Ram Lagan and sentenced to life imprisonment. All of them have been convicted under Section 325 read with Section 149 I.P.C. and sentenced to four years' rigorous imprisonment for causing grievous hurt to Baijnath. Tribhuwan, Sita Ram, Ram Suresh and Rajendra have also been convicted under Section 324 read with Section 149 I.P.C. with two years' rigorous imprisonment each. Tribhuwan and Ram Vijai have been convicted for rioting under Section 148 I.P.C. and sentenced to undergo a sentence of two years' rigorous imprisonment. Sita Ram, Ram Suresh and Rajendra have been convicted under Section 147 I.P.C. for rioting with one year's rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) The incident occurred on 14.6.1980 at 8.00 P.M. in village Seerpatti within Police Station Ahraula, District Azamgarh and written F.I.R. was lodged on 15.6.1980 at 6.20 A.M. by an eye-witness Shobh Nath PW 1 (son of the deceased Ram Lagan). The informant and the accused-appellants are collaterals. The house of Ram Lagan and accused Ram Suresh were separated by an open space and a wall connected their eastern walls with an opening without shutters. The house of the accused-appellant Sita Ram and his son accused-appellant Tribhuwan was situated towards west of the house of the accused Ram Suresh whose son the accused Ram Vijai is. The house of the accused Rajendra was situated in the same cluster. The frontage of the house of the deceased Ram Lagan was towards east where the incident took place.

(3.) The accused Tribhuwan was going from his house and when he came out of the opening of the wall joining the houses of the deceased Ram Lagan and Ram Suresh, a pet dog of the deceased started barking on him whereupon he got infuriated and started hurling filthy abuses on Shobh Nath informant and his family members including the deceased Ram Lagan who were sitting at the door of the deceased. The informant and his father Ram Lagan retorted whereupon Tribhuwan went back to his house issuing threats to reappear instantaneously with his father and accused Sita Ram, Ram Suresh, Ram Vijai, Rajendra and Jogendra. Tribhuwan was armed with a pistol; Ram Vijai was carrying a spear; accused Jogendra was having a pharsa whereas the remaining accused were armed with lathis. They started assaulting the deceased. The injured Baij Nath tried to save his uncle but the assailants assaulted him too. The accused Tribhuwan fired on the informant Shobh Nath but fortunately the shot missed the target. Ram Vijai gave piercing blow on the abdomen of the deceased, thereby causing him a serious deep injury. The alarm raised at the spot attracted several persons including Ram Ji and Ram Pratap. On their intervention the assailants ran away. Owing to fear, the victims or their well-wishers could not leave their houses. At about 2 A.M. the informant along with others went to the P.H.C. Ahraula situated opposite the building accommodating Police Station Ahraula. Leaving his injured father in the Hospital, Shobh Nath went to the Police Station and lodged a report. Head Constable Ram Adhar PW 8 prepared the chick F.I.R. and made entry in the G.D. registering the case. Ram Lagan was alive till the report was lodged.