RAMMOO AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is judgment and order dated 11.11.1983 passed by Special Judge (E.C.Act) Banda in Sessions Trial No. 52 of 1983 (State Vs. Rammoo and another) under sections 302 read with Sec. 34 Indian Penal Code (in short, IPC), arising out of Case crime no. 8 of 1982 Police Station (in short, P.S.) Raipura, District Banda whereby appellants have been convicted under Sec. 302 read with Sec. 34 Penal Code and sentenced to undergo imprisonment for life.

(2.) Prosecution story, in brief, is that deceased Udhav Prashad @ Chunku son of informant Ram Bhawan (PW-2) confined some cattle belonging to appellant Rammoo Brahmin to cattle pound Raipura after damage of his crops by cattle. Appellant-accused Rammoo possessed a house at Madnahar where he used to keep criminal elements. The incident of impounding of cattle and depositing them in cattle pound created animosity between Rammoo and deceased Udhao Prashad @ Chunku. On 14.1982 at about 4.30pm informant Ram Bhawan (PW-2) his deceased son Udhao Prasad, Heeralal (PW-4)and Bhoora (PW3) were cutting green fodder from their fields, at a distance of two miles from the village. Suddenly appellant Rammoo, Kailash, late Chunkeni and late Jagman emerged from Arhar field of Natthu Kalar. Late Chunkeni and Jagman were holding single barrel guns, while appellant Kailash and Ramoo were armed with Pharsa (spear) and Lathi respectively. Chunkeni hailed deceased Udhao Prasad and questioned him as to why cattle belonging to Rammoo were impounded and deposited in cattle pound. Udhao Prasad simply explained that cattle belonging to Rammo were damaging his crops and therefore, he deposited in the cattle pound. Appellant Rammoo instigated Chunkeni to avenge his humilation. Whereupon Chunkeni shot deceased Udhao Prashad who fell down and died instantaneously. Prosecution further says that Ram Bhawan, father of the deceased, and his companions challenged the desperadoes but accused person branished their fire arm weapon extending threats. It is stated that in order to deter informant and his companions, co-accused Jagman also opened fire. Informant as well as witnesses got frightened and could not go near the accused persons who thereafter left the place of occurrence.

(3.) Prosecution says that deceased Udhao Prashad died immediately. Some other folks namely Sahdev, Amarnath etc. also reached the place of occurrence. They also witness the incident. Informant Ram Bhawan dictated the First Information Report (in short, FIR) (Ex Ka-2) to one Ramphal and thereafter lodged it at Police Station (in short P.S.) Raipura, District Banda at 6:10pm i.e. within 100 minutes of incident at a police station, which was 9 K.M. away from the place of occurrence. A chick report (Ex Ka-3) was carved out by police personnel and requisite entry was made in the general diary (in short G.D.) (Ex Ka-4) and thereafter Investigating Officer Amardev Singh (PW-7) left for place of occurrence for investigation after making relevant entries (Ex Ka-7) in the G.D. of police station. It is stated that statement of informant Ram Bhawan and village Chaukidar Bhuttoo, who had accompanied informant were recorded by the investigation officer (in short, I.O.) before departing for place of occurrence.