RAM KEWAL Vs. STATE

JUDGEMENT

(1.) R. C. Deepak, J. The present Criminal Appeal has been filed by accused-appellants Ram Kewal, Ram Newal and Hirdey Ram against the judgment and order dated 27. 11. 1987 passed by Sri M. P. Pandey, Special Additional District & Sessions Judge, Faizabad, in Sessions Trial No. 350 of 1984, whereby he convicted the accused-appellants under sections 302/149, 307/149 and 148 I. P. C. and sentenced them to life imprisonment, five years' R. I. and one year's R. I. respectively.

(2.) THE brief facts of the case are that the accused-appellants as well as the informant Lalta Prasad, Ram Kuber and Ram Ujagir are the residents of the same village. It is alleged that there was some dispute between Ram Kuber and Ram Kewal Verma in regard to the abadi land and a case under section 107 Cr. P. C. was also initiated against them. It is further alleged that on 8. 4. 83 at about 8. 00 p. m. , Ram Kuber, Lalta Prasad, Ram Ujagir and Ram Sajivan were preparing gur in gulor and a lantern was glowing there and they were also holding the torches. All of a sudden, Ram Kewal. Ram Newal and Hirdey Ram, (sons of Surya Pal) and 5-6 others armed with gun and katta came therefrom western side. In the light of the torches it was disclosed that they were Ram Kewal, Ram Newal, Hirdey Ram and others. Ram Kewal exhorted that they be killed. Ram Newal and Hirdey Ram holding kattas in their hands opened fire as a consequence Ram Kuber sustained pellet injuries and raising alarm, they ran towards the village. THE door of the house of Ram Kuber was open, Ram Ujagir entered therein and bolted from inside THEreafter Ram Kewal, Ram Newal and Hirdey Ram after breaking the door entered the house wherein they were intervened by Kalawati daughter in law of Ram Kuber who requested them not to shoot Ram Ujagir, but they opened fire upon him and thereafter Ram Ujagir was removed from inside the house. It is alleged that they raised alarm upon which Lalji, Bramhadeen and certain others reached there and set fire at a sub-stance/patai lying there, which generated the light and due to the pressure of the village people and of the light, they left Ram Ujagir at the house of Mahadev and escaped from there. With these allegations Lalta Prasad Verma submitted an application at the police station Haiderganj, District Faizabad and on the basis of which a case at crime No. 59/83, under sections 147, 148, 149, 307 and 452 I. P. C. was registered the same night at 22. 30 hours at the said police station against Ram Kewal, Ram Newal, Hirdey Ram and 5-6 unknown.

(3.) THREE firearm wounds over Rt. leg each measuring 0. 2 x 0. 2 cm. in an area 6 cm x 2 cm, no blackening part and out aspect in the middle.