RAM KHILARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.C. Mishra and Sri Sanjeev Kumar Pandey, learned counsel for the appellant, Sri J.K. Upadhyay, learned AGA assisted by Smt. Manju Thakur, learned State Law Officer.

(2.) This appeal has been preferred by the appellant Ram Khilari against the judgement and order dated 17.12.1984 passed by VIth Additional Sessions Judge, Etah in S.T. No. 572 of 1983, State Vs. Ram Khilari, P.S.- Jalesar, District- Etah, by which the appellant has been convicted and sentenced to imprisonment for life u/s 302 read with 34 I.P.C.

(3.) Briefly stated, the facts of this case are that P.W.1 informant Sonpal gave a written report (Ext.Ka.1) at P.S.- Jalesar, District- Etah on 04.10.1981 at about 7:30 A.M. stating therein that he had been living in his "nanihal" in village- Allaipur within the circle of P.S.- Jalesar with his real maternal uncle, Moti Ram. He had been looking after the agriculture work of his uncle Moti Ram. Accused-appellant Ram Khilari, who was also a resident of village- Allaipur and had been cultivating the agricultural land of Moti Ram on "batai" became fiercely inimical towards his uncle Moti Ram when after P.W.1 informant Sonpal, started living with him about fourteen years before, he stopped giving his land on "batai" to accused-appellant Ram Khilari. In the intervening night of 3/ 4.10.1981 at about midnight when P.W.1 informant Sonpal was sleeping inside his house with his wife P.W.3 Smt. Prakashwati, three miscreants entered into his house after scaling the roof of the house. The rattling sound made by them, awakened P.W.1 informant Sonpal who flashed his torch and in the light of the torch, he saw three miscreants present inside his house, who immediately overpowered him on which he made a noise. On hearing the noise made by him, his wife P.W.3 Smt. Prakashwati also woke up and opened the main door of the house on which Moti Ram who was sleeping outside the house, immediately entered into the house and upon noticing him, one of the miscreants fired with his fire-arm at Moti Ram and as a result of the fire-arm injuries so received by him, he fell on the ground and died instantaneously. In the meantime, the miscreants, one of whom was identified as Ram Khilari by the witnesses as he was known to them previously and had been residing in village- Allaipur, escaped. In the F.I.R., it was also alleged that accused-appellant Ram Khilari was armed with a gun while his companions were armed with country-made pistol and lathi. The written report of the occurrence (Ext.Ka.1) was lodged by P.W.1 informant Sonpal at P.S.- Jalesar on the next day in the morning. On the basis of the written report (Ext.Ka.1), check F.I.R. (Ext.Ka.3) and G.D. Entry (Ext.Ka.4) were prepared and a case namely Crime No. 265 u/s 302 I.P.C. was registered against the accused-appellant Ram Khilari and two unknown persons.