RAM RAJ Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 10.10.1996 passed by learned Sessions Judge, Unnao in ST No. 555 of 1992 (State Vs. Ram Ran and others) under Section 307 IPC, Police Station Bihar, District Unnao, whereby the appellants Parikshit Raj and Tirth Raj were found guilty. Parikshit Raj was sentenced to five years' rigorous imprisonment under Section 307 IPC whereas accused Ram Raj and Teerath Raj was sentenced to five years' rigorous imprisonment under Section 307 IPC read with Section 34 IPC.

(2.) Filtering out unnecessary details, brief facts of the case are that an FIR was lodged by informant Kamala Kant Bajpai stating that all the three accused reside in village Akampur, Police Station Bihar, District Unnao. Informant Kamlakant Bajpai also reside in the same village. Accused Parikshat Raj is the real nephew of accused Ram Raj. Accused Tirth Raj and Ram Raj are real cousin brothers. According to the prosecution case there was a dispute regarding a Nali in between the informant and the accused persons. The accused persons wanted to make the Nali through the Sahan of the informant which was protested by the informant. On 6.12.1990 at about 5:30 P.M. informant Kamlakant Bajpai was sitting in front of his house on Chabutra with a Chhappar (Thatched structure) overhead. Informant's mother i.e. Smt. Ram Shree and informant's younger brother namely Vidyakant and neighbour Shri Ram Dixit were also sitting with him and were talking with each other. In the meantime, all three accused persons, named above, came there. Accused Parikshat Raj had a DBBL gun with him while accused Ram Raj and Tirthraj were armed with half guns. Accused Parikshit Raj laughed at Vidyakant and remarked that he was a imposter BABA and has been thrown out of the house and takes meals outside. Vidyakant forbade them that they should not utter false words. Thereupon, accused Tirth Raj exhorted that they should be killed and he was willing to spend Rs.50,000/ -. Accused Parikshit Raj, thereafter, fired from his DBBL gun which hit Vidyakant and he fell down. Thereafter, Smt. Ram Shree and Sri Ram Dixit moved towards Vidyakant and then all the three accused persons fired from their fire -arms due to which Smt. Ram Shri, Shri Ram Dixit and Vidyakant sustained fire -arm injuries. Thereafter, villagers - Chandra Nath Tiwari, Vipin Kumar Dixit, Maiku Lal and many others came challenging and then the accused persons went away towards their houses.

(3.) After departure of the accused persons, informant Kamlakant Bajpai, carried the three injured in two bullock carts to the police station. Written report Ext. Ka -1 was got prepared by the informant outside the boundary of the police station by Ram Ji Pandey. Written report Ext. Ka -1 was given at the police station, Bihar. Head Moharrir Ashok Kumar Singh prepared chik FIR Ext. Ka -5 on the basis of written report. The case was registered in the G.D. at Sl. No. 22 at 6:45 PM on 6.12.1990. Original general diary has been weeded out and an endorsement to that effect from the Record Keeper is Ext. Ka -6. Carbon Copy of the G.D. entry is Ext. Ka -7. Chitthi Mazroobis Ext. Ka -8 to 10 in respect of injured Vidyakant, Shri Ram Dixit and Smt. Ram Sri respectively were prepared by Constable Clerk Virendra Kumar Singh and all the three injured were sent for medical examination.