AYODHYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two connected appeals arise out of the judgment and order of Sri Suresh Chandra Srivastava, v. Addl. District and Sessions Judge, Deoria dated 16-9-1978 in S.T.No. 155 of 1976 convicting and sentencing the appellants of Criminal Appeal No. 2523 of 1978. Appellant Nos. 1 and 3 Ayodhya and Murlidhar were convicted under Section 148, I.P.C.and sentenced to two years R.I., u/S.307, I.P.C.and sentenced to five years R.I., convicted under Section 426, I.P.C.and sentenced to one month R.I., convicted under Section 449, I.P.C.and sentenced to ten years R.I., u/S.302/149, I.P.C.for life imprisonment and 323, I.P.C.to six months R.I.Appellants No. 2, 4 and 5 Paramhansh, Madho and Chandra Deo have been convicted under Section 148 I.P.C.and sentenced to two years R.I., under Section 426, I.P.C.sentenced to one month R.I., u/S.449, I.P.C.sentenced to ten years R.I., u/S.302/149, I.P.C.and 307/149 I.P.C.for life imprisonment and for a period of five years R.I.respectively and u/S.323/149 sentenced to four months R.I.and u/S.324/149 I.P.C.and sentenced to six months R.I.All the sentences to run concurrently.

(2.) Government Appeal No. 153 of 1979 was filed against Raj Kishore and 8 others for allowing the appeal and setting aside the judgment and order of acquittal and convicting the accused opposite parties, according to law.

(3.) The prosecution case, as disclosed by the informant Ram Nakshatra PW-5 shows that there was old enmity on account of the cases going on between the family members of the informant Ram Nakshatra and accused Hari Shanker and his family members. Hari Shanker accused, who is resident of village Chhitrauli P.S.Bhatni had formed a group of badmas an in the village. Raghu Pandey was the brother of Ram Nakshatra, informant who was employed at Deoria block. He used to come to the village steathily on account of fear of the accused persons. On 13/09/1975 Raghunath Pandey had come to village Chhatrauli. On the said date at about 5.30/6 in the afternoon Raghunath Pandey deceased Nathuni Yadav PW-6 and one other person Shyamdeo had gone to see his paddy field in the west of village Chhatrauli and was returning to their houses. At the grove of Durga Pandey, Durga Pandey and another person Vishwanath enquired about his welfare. Raghunath Pandey stopped and started talking to them. In the mean time, accused Ayodhya armed with a gun, Murlidhar with a country-made pistol, Paramhansh with a spear, Madhan and Shridutt armed with pharsas (spade) reached there. Accused Ayodhya accosted and asked to kill Raghunath Pandey. Accused Ayodhya, Murlidhar fired with their gun and pistol. Rahunath Pandey and Nathuni Yadav received gun shot injuries.