JAGGU ETC. Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 680 of 1984, Criminal Appeal No. 685 of 1984, Criminal Appeal No. 693 of 1984, Criminal Appeal No. 730 of 1984, Criminal Appeal No. 731 of 1984 have been filed by appellants Jaggu, Ram Pher, Swami Nath (son or Ram Milan), Ram Achal and Moti repectively, against the judgment and order dated 31.08.1984, passed by Sri D.K. Agarwal, the then Sessions Judge, Gonda in S.T. No. 295 of 1983. Since these appeals arise from the impugned judgment they are disposed of by this judgment.

(2.) In this triple murder and inflicting injuries on eight members of the family case in all fifteen accused persons, namely, Raghav Ram, Kunji, Rampher, Ram Achal, Daya Ram, Jaggu, Ram Kripal, Moti, Lalta, Swami Nath (son of Milak Ram), Ramprit Ishwar Din, Bhaggan, Swami Nath (son of Ram Milan) and Siya Ram were charged by the Trial Court as under.

(3.) Accused Raghav Ram, Kunji, Rampher, Ram Achal, Daya Ram, Jaggu, Ram Kripal, Moti, Lalta, Siya Ram, armed with Pharsa, had been charged under sections 148, 302 read with Sec. 149 Indian Penal Code for the murder of Ramdeo, Ram Dularey and Ram Lotan and under Sec. 307 read with Sec. 149 Indian Penal Code for inflicting injuries on the person of Barsati, aged about 7 years, son of Ram Lutawan, Malti aged about 23 years, daughter of Ram Lagan, Jagroop, aged about 15 years, son of Ram Lutawan, Jamuna, 10 years son of Ram Lutawan, Amrita aged about 3 years, daughter of Ram Lutawan, Lakhpata aged about 60 years, widow of Lodha, Sursata aged 30 years, wife of Ram Lotan and Ram Sudharey aged about 45 years, son of Ramphal on the allegation that they formed an unlawful assembly to commit the said crime.