RAJA RAM KEWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Harish Chandra Tiwari and Shri S.N. Mishra, learned counsel for the appellants and Shri Rajeev Sharma, learned A.G.A for the State and perused the record.

(2.) This appeal has been preferred by accused/ appellants Raja Ram Kewat and Daya Ram Kewat, who were tried by the Sessions Judge, Basti in Sessions Trial No.299 of 1999 (State Vs. Raja Ram Kewat and another), under Sec. 302 IPC, Police Station Mahuli (Sant Kabir Nagar). The Sessions Judge by his judgment and order dated 15.12.2001 found the appellants guilty under Sec. 302 Penal Code and sentenced them to life imprisonment along with fine of Rs.25,000.00 each.

(3.) The brief facts of the case are that the informant, Hanuman son of Kalu Kewat, resident of Village Bhitkini, P.S. Mahuli, District Sant Kabir Nagar, lodged a written report Ex. Ka7 at Police Station Mahuli that on 09.07.1999 the informant, Hanuman and his father were erecting Madai (thatched roofing). At that point of time, the two accused/ appellants namely Raja Ram Kewat and Daya Ram Kewat, who are Pattidars of the informant, came and asked the informant and his father Kalu to remove Madai from the way, the informant replied that he would clear the way with the assistance of other villagers, but accused/ appellant Raja Ram assaulted deceased Kalu Kewat with a piece of brick and accused/ appellant Daya Ram with Mungari at about 1.30 p.m. On account of the said injuries, Kalu Kewat fell down on the ground. The incident was witnessed by Sunita Devi, the wife of informant Hanuman and Banshu Kewat, Satya Narain Yadav and others of the village, who intervened in the matter. Kalu Kewat died within half an hour of the incident due to the said injuries.