BALAK RAM Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. Balak Ram, Ram Kishan Awasthi and Onkar Nath alias Guddu have preferred this appeal against the judgment and order dated 19-6-1996/20-6-1996 of Sri Jagdish Prasad, Spe cial/additional Sessions Judge, Kheri convicting and sentencing appellant Balak Ram under Section 302, IPC to imprison ment for life and appellants Ram Krishna and Onkar Nath alias Guddu under Sec tion 302/34, IPC to imprisonment for life.

(2.) THE prosecution case is that on 8-2-1993 informant Brii Nandan son of Jang Bahadur Tewari of village Kairaha, P. S. Dhaurahra, district Kheri, his elder brother Gokul Nandan (deceased) in the company of co- villagers Ram Prakash and Keshav Ram were returning to their vil lage Karuwa in a tractor (USH 3067) after getting their sugarcane weighed at the cane center Basantpur and leaving the laden trolley at the centre. THE tractor was being driven by Gokul Nandan. THE younger brother Jagdish Nandan and Surrendra Kumar were coming behind the tractor on a motor-cycle. When the tractor was nearing trij unction known as 'khar-vahiya Karanha Tiraha' at about 5. 30 p. m. appellants accompanied by an unknown person, who was on a bicycle, appeared and signalled the tractor to stop. As soon as Gokul Nandan stopped the tractor, the unknown person dragged Gokul Nandan and at the same time Ram Krishna and Onkar Nath alias Guddu exhorted that Gokul Nandan be done to death. Appel lant Balak Ram fired a shot with his country made pistol at the chest of Gokul Nandan who fell down seriously injured and died on the spot. On the alarm raised by the victims and hearing the sound of firing, villagers were attached to the spot. THEreupon the miscreants escaped by entering in the sugar-cane field towards north of the road. While escaping the miscreants were abusing and threatening the complainant's party. This crime was committed in the back-ground of a dispute in respect of certain land. According to the prosecution case, a piece of land was pur chased by the informant etc. from Jagdish and one Saddiq had also made an agree ment to sell that very land to appellant Ram Krishna, but later on there was a compromise.

(3.) AFTER scrutinising the evidence on record, the learned trial Judge accepted the prosecution case and convicted and sentenced the appellants as mentioned earlier. The appellants have now come up in appeal to this Court.