RAM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Four appellants Ram Prakash, Randhir Singh @ Peelu, Ram Babu and Satya Pal have challenged their convictions under Sec. 302/34 and 324/34 I.P.C. and sentences of life imprisonment on the first count and two years R.I. on the second count recorded by III Additional Sessions Judge, Mainpuri in Sessions Trial No. 442/1978, State Vs. Ram Prakash and Ors. relating to police station Bewar. district Mainpuri vide his impugned judgment and order dated 23.12.1981 . Out of the four appellants two of them, appellant No. 3 Ram Babu and appellant No. 4 Satya Pal died during the pendency of their appeal in this Court. In respect of appellant Satyapal there is a death confirmation report by C.I.M. Mainpuri vide his letter dated 25.6.2005 annexed along with the report of Gram Pradhan, Gram Panchayat Bahara, district Mainpuri dated 27.10.2004. In respect of appellant Ram Babu there is a report by Gram Pradhan, village Bahara dated 24.4.2007 along with the death confirmation application signed by 9 villagers that he had expired 11 years ago. On the basis of aforesaid two reports, the appeal of appellants Ram Babu and Satya Pal is hereby abated and is dismissed as such.

(2.) Three other accused persons Ram Singh, Prem Nary an and Shiv Kumar. who were also tried by the Additional Sessions Judge in the same sessions trial along with the appellants with the aid Sec. 120B I.P.C. were acquitted by the trial Judge.

(3.) The prosecution allegation in nutshell are that informant Amol Singh. P.W. 3 along with his cousin brother Har Nath Singh (deceased) had gone for shopping at 8.30 a.m. on 27.5.1978 in Uewar Bazar. Informant stopped at the shop of Makhhan for purchasing whereas the deceased Hari Nath Singh went . to the shop of Satya Narayan Bajaj for purchasing clothes. At 9.00 a.m. accused Ram Babu armed with D.B.B.L gun, Ram Prakash Singh armed with countrymade pistol, Randhir Singh @ Peelu armed with rifle, Satya Pal Singh armed with a D.B.B.L. gun came to the shop of Satya Narayan aforesaid and from their respective firearms shot dead Hari Nath Singh inside the shop of Satya Narayan Singh. One Amar Singh sustained firearm injuries in the shooting and died on the spot whereas Brij Nandan Brahamin and Sone Lal sustained firearm injuries. The murder caused a lot of commotion at the spot. Accused persons made their escape good by raising slogan Jai Bajrang Bali towards Etawah road. After the incident informant reached at the shop where he found Hari Nath Singh dead inside the shop and Amar Singh was lying dead out side it. 20-25 minutes after the said incident two people Jasraj Singh and Samam Singh came to the spot by cycling and informed the informant that these very accused also murdered Shiv Nath Singh in the grove of Ganga Rain in their presence. They also informed the informant that before murdering Shiv Nath Singh accused persons had informed Shiv Nath Singh that they had murdered his brother at Bewar crossing. On the information by the accused persons that the aforesaid two persons Sarnam Singh and Jasraj Singh had came to the informant to inform him above the murder of Shiv Nath Singh. Informant got a F.I.R. scribed through Raj Bahadur Singh and after covering a distance of one furlong lodged his F.I.R. at police station Bewar, district Mainpuri at 9.30 a.m. on that date itself.