SWAMI NATH, SON OF BISHESHWAR ALIAS RAMESHWAR; JAMUNA PRASAD; GANGA PRASAD; RAM NATH; KRIPA RAM; SATYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 31.7.1985, passed by learned Additional Sessions Judge, Gonda in Session Trial No.197/84, arising out of case crime no.482/83, police station Kotwali City, District Gonda, whereby accused Swami Nath and Jamuna Prasad were convicted, under section 302/149 IPC and sentenced to imprisonment for life, under section 148 IPC and sentenced to one year rigorous imprisonment and under section 324/149 IPC and sentenced to two years rigorous imprisonment. Accused Ganga Prasad, Ram Nath, Kripa Ram and Satya Ram were convicted under section 302/149 IPC and sentenced to imprisonment for life, under section 147 IPC sentenced to one year rigorous imprisonment and under section 324/149 IPC sentenced to two years rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Accused-Appellant Swami Nath, Jamuna Prasad and Ganga Prasad died during the pendency of the appeal. Their appeal was abated vide order of this Court dated 27.7.2017. Accused no.6 Satya Ram was declared as juvenile on the date of occurrence vide order dated 12.10.2017, passed by Juvenile Justice Board, Gonda.

(3.) According to the prosecution version, a written report was lodged by Ram Naresh PW-1 stating that on 26.7.1983 at about 07:00 AM, when he went to the house of Hanuman Ahir to call the labourers whereas his brothers Bhagwati Prasad, Ram Newaz and nephew Deoraj had already reached to their field for sowing paddy crop. Ram Nath, son of Swami Nath accused came at the door of Hanuman Ahir and scuffled with complainant Ram Naresh but some villagers intervened and matter was settled. Ram Nath went to his house while complainant Ram Naresh went towards his field. At about 07:30 AM when the complainant Ram Naresh reached in the field of Girija Saran, accused Swami Nath and his sons Ram Nath, Jamuna, Kripa, Ganga and Satya Ram armed with lathi and spear surrounded him. Swami Nath and Jamuna were armed with spear while others were armed with lathi. They started beating Ram Naresh. Bhagwati Prasad, Ram Newaz and Deoraj came to save him then the accused assaulted them with spears and lathis. On the alarm raised, Shiv Saran of Khamaria Harbans, Tandon alias Satya Nath of Soni Harlal reached the spot, challenged the accused persons whereupon they fled away towards west. Bhagwati Prasad died at the spot whereas Ram Naresh and Ram Newaz suffered injuries. It is further stated that Jamuna Prasad and others have beaten Ayodhya, brother of the complainant about three years back. They were prosecuted and convicted on 22.6.1983. They were released on bail. Due to this enmity they had caused the crime.