RAM IQBAL Vs. SATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal under section 374(2) of the Criminal Procedure Code has been filed by Ram Iqbal and others against the judgment and order dated 1st August, 1977, passed by the jjnd Additional Sessions Judge, Ballia, in Sessions Trial No. 30 of 1976 (State of UP. v. Ram Iqbal), conviction the appellants under section 302 read with sectionl49, I.P.C. sentencing them to life imprisonment, convicting them under section 324/149 I.P.G, sentencing them to three years R.I., convicting them under section 324/ 149 I.P,C, for causing hurt by means of spears to Sri Ramji and sentencing them to three years R.I., convicting them under section 324/149 I.P.C. for causing hurt by means of spears to Sri Ram Singhasan and sentencing them to three years R.I., convicting them under section 323/149 I.P.C. and sentencing them to six months R I. convicting, them under section 147 I.P.C. and sentencing them to two years R I. and also convicting them under section 148 I.P.C. and sentencing them to two years R.I. All the sentences were, however, directed to run concurrently.

(2.) The case of the prosecution as unfolded in the first Information Report is that in the incident dated 7-4-1975, the informant Ram Singhasan, resident of village Chhatisa, P.S. Sahatwar Distt. Ballia was sleaping at his door along with Sri Ramji, a relation and his father Sukath. At about 12.00 in the night about 10 to 15 persons armed with lathi and spears came there and started beating the informant, who raised an alarm and Sukath, father of the informant and his relation Ramji woke up after hearing the noise of the informant, the persons of the same locality (namely, Raj Bali, Ram Prasad and Shiv Munni, arrived there with their torches. The accused persons gave beating to Raj Bali and Sukath, father of the informant, and Sukath succumbed to his injuries. The First Information Report was lodged at about 7.15 A.M. the net morning. The Police Station was at a distance of 6 miles to the east.

(3.) P.W. 1 Ram Singhasan, P.W. 2 Raj Bali and P. W. 5 Ramji have been examined as witnesses of fact. Dr. T.N. Singh, who conducted the post mortem on Sukath, the deceased, has been examined as P.W. 5 and Dr. A.N. Singh had examined the injuries. The injuries of Ramji have been examined by Dr. Mishra. The prosecution witnesses have been relied upon by the learned 11nd AddI. Sessions Judge, Ballia, who have recorded the convictions and sentences aforesaid in his judgment and order dated 1-8-1977. It is against this judgment and order the present appeal has been preferred.