SHIV SAGAR Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. The present crimi nal appeal has been filed by the accused-appellants Shiv Sagar, Keshava, Sushil, Parmeshwar, Sunder Lal, Parikrama, Kali Prasad and Bhawani Prasad against the judgment and order dated 29. 3. 1982 passed by the learned II Addl. District & Sessions Judge. Barabanki in Sessions Trial No. 191 of 1980 whereby he convicted the accused-Ram appellants under sections 302/149, 147 and 148 IPC and sentenced them to life impris onment under section 302/149 IPC, 2 years R. I. under section 148 IPC and 1 year R. I. under section 147 IPC.

(2.) THE accused-appellants Shiv Sa gar, Parmeshwar, Sunder Lal and Kali Prasad died during the pendency of this appeal and vide order dated 17. 9. 2007 their appeal stood abated. Now the appeal of Keshava, Sushil, Parikrama and Bhawani Prasad is listed before us for hearing.

(3.) IT is alleged that on 26. 7. 1979 Ram Kishore (deceased) and Raj Rani had gone to Ram Nagar by cycle to meet Badri, the lekhpal to obtain the relevant documents, but the lekhpal was not available. Thereaf ter, they had been returning to the village. When they reached near the garden of kalka and field of Munim of the village, the way leading ahead was full of mud and water where the cycle could not run. Ram Kishore asked Raj Rani to come down from the cycle and both of them came down from the cycle. Ram Kishore was on foot with cycle followed by Raj Rani. At about 9:30 a. m. . as soon as Ram Kishore reached the corner of the garden of Kalka, first of all accused-appellants Parikrama and Sunder Lal came out from the bush nearby and exhorted. Thereafter, the accused-appellants Shiv Sagar, Keshava, Sushil, Parmeshwar, Sunder Lal, Parikrama, Bhagwati, Kali Prasad and Bhawani Prasad armed with lathis, ballams and hand gre nades came there and surrounded Ram Kishore and caused injuries to him with their respective weapons and committed his murder. Ram Kishore died of the inju ries on the spot. Raj Rani raised alarm upon which Shiv Sahai and Jagannath, who were scrapping grass there, reached the place of occurrence and witnessed the occurrence. Raj Rani went to the house of Shiv Kumari, the wife of the deceased and informed her in regard to the murder of her husband. Shiv Kumari rushed to the place of occur rence and saw that the dead body of her husband was lying there. She got an appli cation (Ext. Ka-1) prepared by Bhawani Prasad in regard to the murder of her hus band and went to the police station and submitted the application, on the basis of which a case as case crime No. 137 of 1979 under Sections 147, 148, 149, 302 IPC was registered against the accused at the police station Ram Nagar at 11:35 a. m. The dis tance of the police station being 2 miles. The chik report is Ext. Ka-2.