AMERIKA MAURYA Vs. STATE

JUDGEMENT

(1.) Shri Shrawan Kumar, learned Amicus Curiae for the appellant, and Shri Sharad Dixit, learned AGA for the State were heard at length.

(2.) Instant appeal has been preferred by appellant Amerika Maurya challenging the judgment and order dated 20.12.2003 passed by S.K. Srivastava, Additional Sessions Judge/Special Judge, SC/ST Act, Bahraich, in Sessions Trial No. 118 of 2000 arising out of Case Crime No. 47 of 1999, Police Station Nawabganj, District Bahraich, whereby the present appellant was convicted for the offence under Sec. 302/34 IPC and also under Sec. 3(2)(v) of the SC/ST Act. For the offence under Sec. 302/34 IPC, he was sentenced to undergo imprisonment for life and he was separately sentenced for the offence under Sec. 3(2)(v) of the SC/ST Act for a period of five years rigorous imprisonment and also with fine of Rs. 500/ - with default stipulation of six months' rigorous imprisonment. By the same judgment, other three accused persons namely Smt. Dhanpata @ Ram Rani, Jagdish Prasad Maurya and Nanhkoo Maurya were acquitted of all the charges leveled against them.

(3.) In brief the case of the prosecution, as disclosed in the first information report, was that the complainant Kripa Ram lodged a first information report on 24.04.1999 at the police station Nawabganj, District Bahraich, which was registered on 24.04.1999 at 0200 hours in the same intervening night alleging therein that the first wife of his uncle Ram Sumiran had developed illicit relations with appellant Amerika Maurya due to which father of the complainant and Ram Sumiran were having grudge against Dhanpata. Requests were made to them to discontinue this illicit relationship but they did not pay any attention to such requests. Father of the complainant had closed 'Hukka Pani' of Ram Sumiran. About 10 -12 days prior to this incident, "Terhawi" ceremony of the father of Ram Sumiran took place. The said "Terhawi" was not attended by the complainant's father and other persons of his family due to which Ram Sumiran felt offended. In the night of 23.04.1999, a Panchayat was called at the residence of Bhagauti Prasad Shukla and in the said Panchayat, Bhagauti Prasad Shukla, Gomti Verma, Bhagwane, Shyamata, Badkau, Andhiram, Kashiram, Amerika Maurya (appellant) Nanhkoo Maurya, Jagdish Maurya sons of Guru Prasad Maurya, Ram Sumiran and his first wife Dhanpata, complainant and his father Ram Milan and several other persons of the village were present. At about 09.30 PM, the father of the complainant, during Panchayat went to case himself. He was followed by appellant Amerika Maurya, Jagdish Maurya, Nanhkoo Maurya and Dhanpata. Feeling apprehension the complainant also followed them. By the time Ram Milan reached in front of gate of Shyamata on the Kharanja road then Dhanpata exhorted that this man has insulted her a lot and called co -accused persons to kill him. On the exhortation of Dhanpata, Nanhkoo Maurya and Jagdish Maurya caught hold of Ram Milan and appellant Amerika Maurya gave blows with Bhujali on the neck and face of the deceased. Hearing the noise, Andhi Ram and other persons, who were sitting in the Panchayat, also reached there and in the torch light they had seen the accused persons and tried to apprehend them but all these persons taking the advantage of night became successful in making good their escape. Because of the injuries caused by appellant Amerika Maurya, the deceased died on the spot. The complainant got the first information report of this case scribed by Pati Ram Chaudhary and lodged the same at the police station in the same night at 0200 hours.