RAM KAILASH Vs. STATE OF U P

JUDGEMENT

(1.) THE accused appellant Ram Kailash who was convicted under Section 307/452, I.P.C. and was sentenced to undergo R.I. for a period of 3 years under Section 307, I.P.C. and one year under Section 452, I.P.C. and accused appellants Ram Lakhan and Ram Surat who were convicted under Section 307/452/34, I.P.C. and were sentenced to undergo R.I. for a period of two years under Section 307, I.P.C. and one year under Section 452, I.P.C. vide judgment and order dated 22.5.79 passed by the then IV Addl. Sessions Judge, Allahabad, Sri Govind Prasad have come up in appeal before this Court.

(2.) THE prosecution claimed that on 20.9.1977 at about 6.00 a.m. in village Himachal ka purwa, P. S. Sarai Aqil, district Allahabad, accused Ram Lakhan opened fire by means of a gun on the exhortation of Ram Lakhan and Ram Surat inside the house of the injured Ram Pratap and caused injuries to him.

(3.) IT was argued by the learned counsel for the accused appellants that only the role of Instigation was assigned to the accused Ram Lakhan and Ram Surat according to the statement of the injured Ram Pratap. These accused persons were armed with lathies and they did not cause any injury to the complainant. IT was argued that these two accused persons were falsely arrayed in the case due to the enmity and, therefore, they deserve to be given the benefit of doubt.