SANT RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Dharmendra Dhar Dubey, learned Amicus Curiae for the appellants, Mr. Prem Shankar Prasad, learned A.G.A. for the State-respondent and perused the material on record.

(2.) The present criminal appeal has been preferred by the appellants, namely, Sant Ram and Ram Lal, against the judgment and order dtd. 2/8/1984 passed by the learned Special Judge/Additional Sessions Judge, Shahjahanpur, in Sessions Trial No. 149 of 1984 (State v. Sant Ram and Others) arising out of Case Crime No. 17 of 1984, under Ss. 147, 148, 149 and 302 IPC, Police Station Powayan, District Shahjahanpur, whereby the appellants were convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life.

(3.) Brief facts of this case are that Dallu (PW-1), got a written report (Ex.Ka-1) scribed on 24/1/1984 by Natthu Lal (PW-2) and lodged the same at Police Station Powayan. In this written report (Ex.Ka-1), Dallu (PW-1) has submitted that today i.e., 24/1/1984, my nephew Ramchandra had left home for his tea shop in the morning as usual. When I and his elder son Ram Kumar also reached towards the tea shop at around 7:00 A.M., we saw that Sant Ram S/o Natthu and Ram Lal S/o Pohani of my village, who had knives in their hands, Hukumat S/o Jairakhan and Dataram S/o Chheda Lal, who had spears in their hands, and Pacchoo S/o Kalka carrying a gun, appeared at the north-eastern corner of the tea shop. Sant Ram stepped forward a bit and said that the enemy has been found, he must not escape today. At this, Ramchandra jumped from the shop and ran towards the east on the path leading to Majeedapur. On that all the five accused persons chased him and opened fire, upon which Ramchandra fell down. They surrounded him and started assaulting with spears and knives. I raised an alarm, and after hearing my shouts, Natthu S/o Chetram, Salim S/o Atimulla, and others from the village who were at some distance came and saw the whole incident. Sant Ram split Ramchandra's neck with the knife, which he was holding. Upon this, when we all challenged them, all five individuals fled towards the east. There was previous proceedings under Sec. 307 IPC between Sant Ram and Ramchandra and Ramchandra was accused in that case. On that account there was enmity between them. At about 11-12 days before the occurrence, Sant Ram had beaten Ramchandra's wife at this very shop and had abused and threatened her. A report of this incident was also filed at the police station. Today, due to enmity as abovementioned, Sant Ram and others have murdered Ramchandra. His body has sustained multiple wounds and he is lying dead right there. It is requested that action be kindly taken against the murderers of Ramchandra.