BUDHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) EIGHT persons were tried before the III Additional Sessions Judge, Ghaziabad in Sessions Trial No. 529 of 1986. They were (1) Budhi Ram, (2) Ramesh, (3) Jagdish, (4) Rama Kant, (5) Jagat Singh, (6) Lakhpat, (7) Ran Singh and (8) Veerpal. By judgment dated 1 -4 -1994, all of them were convicted and sentenced to life imprisonment under Section 302 read with Section 149 I.P.C. Three of them, namely, Budhi Ram, Rama Kant and Veerpal were also convicted under Section 147 I.P.C. with rigorous imprisonment awarded to each of them for two years. The remaining five were convicted for the offence of rioting under Section 148 I.P.C. with sentence of three years awarded to each of them. The sentences awarded on two counts were ordered to run concurrently. All the eight accused have preferred this appeal.

(2.) DURING the pendency of appeal, the appellants Jagdish and Veerpal have died and the appeal has abated so far as they are concerned. Presently, this appellate Court is concerned with the remaining six accused appellants.

(3.) COMING to the point, the incident occurred in between the night of 5/6 -10 -1986 at about 1 O'clock in the jungle of village Udaipur at a distance of about 12 kms from the concerned Police Station Babugarh, District Ghaziabad and the F.I.R. was lodged on 6 -12 -1986 at 8.30 a.m. by Sher Singh PW 1 (eye -witness). The broad essentials of the case, as emerging from the F.I.R. and the evidence adduced before the Court, may be set forth. In between the fateful night the complainant Sher Singh PW 1 and his brother Om Prakash PW 3 were present on their fields and the tube -well, situated at the outskirts of village Udaipur. They were irrigating their fields, looking after the irrigation of water to their paddy crop. Nand Ram - father of the complainant, Mahipal and Veerpal (sons of the complainant Sher Singh) and Dharam Pal son of Udai Veer (nephew of the complainant Sher Singh) were also present on the tube -well where the flour mill (Chakki) was also running. The last mentioned four persons were running the flour mill (Chakki) and tube -well and were present there. At about 1 O'clock in the night, the accused Ran Singh, Jeet Singh, Hari Kishan, Ramesh and Jagdish armed with countrymade pistols; Lakhpat and Jagat Singh armed with Farsas; accused Veerpal armed with hockey; Rama Kant, Budhiram and Harbhajan armed with lathis reached the spot. There was enmity with Budhiram over some land. These persons assaulted Nand Ram, Mahipal, Veerpal and Dharam Pal. The complainant and his brother Om Prakash who were irrigating the field, rushed to the spot and found the accused persons firing and assaulting the above named Nand Ram, Mahipal, Veerpal and Dharam Pal. On spotting the complainant Sher Singh and Om Prakash, the assailants tried to pounce upon them also and gave them a chase. Both of them fled -away to the village and fetched other persons therefrom. Reaching the tube -well, they found that all the four persons named above i.e., Nand Ram, Mahipal, Veerpal and Dharam Pal were lying dead on cots. Owing to fear, the complainant could not dare going to the police station in the night. On day break, he went to the police station with a written report which was scribed by Richhpul Singh and presented it there. A case was registered and investigation followed as usual.