TIKA RAM Vs. STATE

JUDGEMENT

(1.) Tika Ram Jatav, his brother Lala Ram, their brother-in-law Patl Ram and friend Bhika Jatav were tried for offences under Ss. 148 and 3G2/14I. P. C.. for committing a riot with deadly weapons on the night between the 3rd and 4th April 1956 and murdering Sobha Ram Jatav of village Nagla Mehdi, police circle Chaubia in the district of Etawah. They were found guilty of both the offences. Under Section 148, I, P. C., they were sentenced to three years' rigorous imprisonment each, while under 8. 302/149, I. P. C.. Tika Ram and Lala Ram were sentenced to death, and Pati Ram and Bhika to life imprisonment. They have come up in appeal to this Court, while we have also before us the Sessions Judge's reference for confirmation of the death sentences awarded to Tika Ram and Lala Ram.

(2.) It may be noted that the appellants belong to district Mainpuri and that their villages are eighteen or twenty miles from Nagla Mehdi, the village in which the crime was perpetrated.

(3.) The deceased .Sobha Ram was & young man about twenty years old and was of muscular build. He resided with his step-father Kalu in the village. On the fateful night he was violently assaulted with lathis, spears and sharp-edged weapons. He was first carried on a cot to village Basrehar, two furlongs away, where after arrangements had been made lor an ekka he was sent off to the hospital at Etawah, seven or eight miles distant, in charge of one Nek Ram. His step-father Kalu proceeded to police station Chaubia. which is four miles from the village and lies in a direction opposite to that of Etawah, and on reaching there at 6 a.m. dictated the report Ex. P-l. in this he mentioned that the attack on Sobha Ram had been made by the four appellants and two unknown persons. Since the victim was alive at the time, the re-port was recorded under Ss. 148 and 307, I. P. C., and the Sub-Inspector left for the scene at once for investigation. Meanwhile, Nek Ram escorted the wounded Sobha Ram in the ekka towards the Etawah hospital, but he succumbed to his injuries shortly before the city was reached. Leaving the dead body in charge of some persons Nek Ram went to the Kotwali at Eatwah and lodged the report Ex. P-14, which was taken down in the genera! diary at 8-30 a.m. In this report he mentioned that Kalu had already gone to Chaubia for lodging the first report of the crime, and also declared that the four appellants and a couple of unknown persons were responsible for the murderous attack on Sobha Ram.