RAMESH JOGI YOGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ramesh Yogi, accused has filed this appeal against the judgment and order dated 4-6-81 passed in S. T. No. 131/76, State v. Ramesh Yogi, holding him guilty on charges u/Ss. 302/149, 307/149, 147, I.P.C. and sentencing him to various terms of imprisonment, including life imprisonment on a charge u/S. 302/149.

(2.) The prosecution case started on the basis of the F.I.R. dated 19-3-78 recorded at 11.45 p.m. The date of incident is said to be 19-3-78 at about 11.45 p.m. The distance of the P. S. is about 7 furlongs. The accused named are, Kunne @ Karsan Kumar, Suresh Kariyal and again another Suresh Kariyal, all residents of Mohalla Antapara, distt. Mathura along with three other persons (one of which is the accused appellant before us). P.W. 5 Sri Uttam Chand is the complainant. The deceased are Mohan and Shiv Kumar, his sons.

(3.) It is alleged that on 19-3-78 at about 11 p.m. the complainant along with his sons Mohan and Shiv Kumar (deceased) and Tulsi, injured, (P.W. 3) were going home after closing their hotel. His two servants Dharam Singh and Kaskar Kamrawan (not produced) were sitting in the rickshaw along with the complainant. Rickshaw reached Mohalla Bahadurpura at about 11.45 p.m. His sons Mohan, Shiv Kumar and Tulsi came from behind on a motorcycle, which was being driven by the deceased Mohan. Shiv Kumar (deceased) was sitting on the pillion along with Tulsi, P.W. 3. When they reached near Bansal Tent House at about 11.15 p.m., from the opposite direction, the accused came in a white Ambassador Car and blocked the passage. Therefore, complainant's sons could not proceed further. All these accused came out of the car. There was prior enmity between the parties. Three unknown persons were also amongst them, whose faces were seen by the complainant and others and later on, they identified them. One of the accused fired from the country-made-pistol. Others started opening their knives. There was electric light available. The complainant's sons raised an alarm. The complainant reached towards the place of occurrence in his rickshaw. Shiv Kumar, deceased and Tulsi, P.W. 3 ran towards the east to save their lives. The complainant also retreated and ran away. Shiv Kumar ran in another direction. Whereabouts of the sons of the complainant were not known to him. His servants also ran away. The request was to register the case and trace out his sons. The motorcycle was lying on the spot.