BADLU RAM Vs. STATE

JUDGEMENT

(1.) In the F.I.R, five persons including the four appellants and one Bhusaili were named and one person was un-named. The said unnamed person was not put-up for trial. The remaining five persons were convicted by I Additional Sessions Judge, Bahraich on 24-1-1979. They were sentenced to life imprisonment under Section 302/149, I.P.C. Appellant Kesho Ram was further sentenced under Section 147, I.P.C. to one years R.I. and a fine of Rs. 500/- and in default to further undergo R.I. for a period of six months. The other four appellants were also sentenced under Section 148, I.P.C. to two years R.I. and a fine of Rs. 500/- each and in default to undergo imprisonment for a further period of six months. Bhusaili had filed Criminal Appeal No.178 of 1979 but he died during the pendency of appeal which abated. Appellant Badlu Ram of this appeal also died during the pendency of appeal which abated. Thus, this criminal appeal survives against the three appellants, namely, Kripa Ram, Maya Ram and Kesho Ram out of whom Kesho Ram is the son of Maya Ram.

(2.) Appellant Maya Ram and Bhusaili appellant of Criminal Appeal No. 178 of 1979 are brothers-in- law (Sisters husband) of deceased appellant Badlu. Appellant Kripa Ram and deceased appellant Badlu are said to belong to the same family. One Kandhai was a resident of village Ashokha. Deceased appellant Badlu Ram was the son of Swami Dayal, brother of Kandhai. Kandhai had only one issue namely Smt. Sanwara. She was married to Sanwali deceased. The deceased and Smt. Sanwara have a son Mahrajdin who was aged about seven years at the time of occurrence. Kandhai had also a son named Satgur who died during his life time. The wife of Satgur after the death of her husband remarried with Nidhan, resident of another village. After the death of Satgur, deceased Sanwali Prasad used to look after his agriculture land and migrated to the village of Kandhai for managing the agriculture land. Deceased Sanwali had called his nephew Maya Ram P.W. 1 to help him in agricultural operations. It is said that Kandhai had executed a Will in favour of Mahrajdin, son of his daughter and deceased Sanwali. After the death of Kandhai, Badlu Ram deceased appellant, Sanwali deceased on behalf of his son Mahrajdin and Satgurs wife applied for mutation. After contest, the name of the wife of Satgur was mutated. Apart from this, Badlu Ram deceased appellant ha9lodged an F.I.R of dacoity a few weeks prior to the incident against Sanwali deceased and P.W. 1 Maya Ram in which they were released on bail a few days prior to the occurrence. Besides Sanwali deceased had been sentenced to death in a murder case but his appeal was allowed, by this Court acquitting him a few weeks prior to the occurrence. Sanwali deceased was also involved in some other criminal cases.

(3.) The occurrence is said to have been taken place on 8-4-1978 at about 7.00 a.m. It is said that at that time deceased had just sat down for milking his buffalo in his Ghari (a place for tying cattle). His nephew P.W.1. Maya Ram was holding the calf: At that time all the six assailants including the three surviving appellants appeared there from Bhusaili (a place for storing fodder for animal) of Badlu Ram deceased, appellant. Out of them Badlu Ram, Kripa Ram and Maya Ram were each having a knife and Bhusaili deceased appellant of the connected Appeal No. 178 of 1979 was having a spear. Kesho Ram appellant and one unknown assailant caught hold of one hand each of Sanwali deceased who by then had stood up. The other assailants started giving blows from their respective weapons. On the alarm raised by P.W.1, Maya Ram, P.W.2 Husaini, P.W.3 Sangam Pasi, Smt. Sanwara Wife of Sanwali deceased, SanwaliTs sister and her husband Khelawan and several others came there, The wife and the sister of the deceased requested the assailants with folded hands not to kill Sanwali but it did not have effect on them. After inflicting the injuries, the assailants ran away. Sanwali died an instantaneous death.