RAMJILAL AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid criminal appeal has been preferred by the appellants Ramjilal S/o Shivlal and Banti s/o Ramjilal against the judgment and order of conviction dated 23.1.2012 passed by the Additional Sessions Judge/Special Judge (S.C.S.T. Act), Bulandshahr in S.T. No.08/2009 (State Vs. Banti and others) and S.T. No.34 of 2009 (State Vs. Banti) arising out of Case Crime No.198 of 2008 (under Section 302/34 IPC) and Case Crime No.199 of 2008 (under Section 4/25 Arms Act), Police Station Ramghat, District Bulandshahr, respectively, whereby both the appellants, Ramjilal and Banti have been sentenced under Section 302/34 IPC with life imprisonment with a fine of Rs.10,000/-, in case of default they will have to suffer additional rigorous imprisonment for six months. Further, accused-appellant Banti has been sentenced under Section 4/25 Arms Act with one year R.I. and a fine of Rs.2,500/-, in case of default, he will have to suffer two months additional rigorous imprisonment. Both the sentences have been directed to run concurrently.

(2.) Heard Sri V.K. Sharma, learned counsel for the appellants holding brief of Sri Omvir Babu (counsel for the appellant) and Sri A.N. Mulla, learned AGA for the State and perused the record.

(3.) The brief facts, as trickle out from perusal of the record appears to be that complainat Ramdas s/o Gulab Singh, resident of Village-Jergawa, Police Station- Ramghat, district- Bulandshahr lodged written report at Police Station-Ramghat, district Bulandshahr on 26.10.2008 at 6.15 a.m. to the effect that there was long drawn enmity on account of land dispute between his brother Ramesh Chandra s/o Gulab Singh (deceased) and Prakash s/o Babu Ram and Ramjilal s/o Shiv Lal. Litigation was pending with Ramjilal s/o Shiv Lal. Informant's brother Ramesh Chandra as usual went for sleeping in his 'gher' from his house in the evening (25/26-10-2008). In the intervening night of 25/26.10.2008 informant's brother (Ramesh Chandra son of Gulab Singh) was murdered around 2.00 a.m. The incident was witnessed by his nephew Satish s/o Ramesh Chandra and son Raj Kumar while they were returning home after operating tubewell for watering their agricultural field. As soon as both the aforesaid witnesses Satish and Raj Kumar arrived in front of gate of 'gher', they saw in torch light, Ramjilal s/o Shiv Lal possessing axe, Ved Prakash s/o Shiv Singh possessing knife, Ulfat s/o Shiv Singh possessing farsa (axe like weapon), Raja Ram s/o Mohan Nirwasi possessing knife and Banti son of Ramjilal possessing knife in their hands. They were seen coming out from inside the 'gher' and running away towards field. Informant's nephew Satish and his son Raj Kumar raised alarm, whereupon complainant himself and a number of villagers arrived at the spot and they chased the assailants but the assailants made their escape good. First informant along with others went inside the 'gher' where they found his brother Ramesh Chandra dead lying on a cot. It was stated in the first information report that informant's brother has been murdered out of conspiracy hatched by Babu Lal s/o Munshi Singh, Prakash s/o Babu Ram and Mithlesh wife of Ramjilal and commission of offence of murder committed by Ramjilal, Ved Prakash, Ulfat Singh, Raja Ram and Banti. Dead body is lying on the spot. Report be lodged and action be taken.