BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Five persons, appellants Babu Ram and Raghunath and three others, Ajudhi, Smt. Phool Mati and Smt. Champa, were tried by the then II Additional Sessions Judge, Non-Metropolitan Area, Kanpur, in S. T. No. A. 231 of 1978. Out of the five accused who stood trial, appellants, Babu Ram and Raghunath, were convicted under section 302, I. P. C read with section 34, I. P. C. and were sentenced to undergo imprisonment for life vide judgment and order dated 14-11-79. Other accused, Ajudhi, Smt Phool Mati and Smt. Champa were acquitted giving them benefit of doubt.

(2.) THE incident is said to have occurred on 8-10-77 at about 10. 00 a. m. in village Bahrampur within the local limits of P. S. Bilhor, district Kanpur Non-Metropolitan Area. THE first information report of the incident was lodged by Sipahi Lal, brother and son respectively of deceased Ram Swarup and Smt. Lachchana. It is alleged that for about 18 years animosity was existing between complainant's party on one side and the accused Babu Ram, Ajudhi and Raghunath on the other side. Accused Babu Ram etc. were convicted and sentenced for murdering father of the complainant. THE accused party had also dismantled the 'mend' of the field of the complainant and had constructed a new Mend encroaching upon the land of the complainant. On the date of the incident complainant's mother, Smt. Lachchana, brother Ram Swarup had taken witnesses, Sri Krishna and Revati Raidas to the said field to show the position of the "mend". Accused Babu Ram also reached there. Sri Krishna and Revati Raidas found that the accused party had encroached upon the land of the complainant and decided that the 'mend' may be reconstructed at its original place. Ram Swarup started construction of the 'mend' according to the decision of the witnesses which annoyed Babu Ram. He went away threatening that he will chop off his (Ram Swarup's) head. At about 10. 00 a. m. Ram Swarup and Smt. Lachchana were returning to their house. When they were on the chak-road in front of the house of Babu Ram, accused Babu Ram armed with Gandasa, Raghunath armed with Pharsa, Ajudhi armed with knife appeared at the scene of occurrence. Smt. Champa wife of Babu Ram and Smt. Phool Mati wife of Ajudhi also came out of the house and all the five accused accested Ram Swarup and Smt. Lachchana. Phool Mati and Champa are said to have exhorted to kill them whereupon Babu Ram and Raghunath-assaulted Ram Swarup and Smt. Lachchana with their respective weapons causing both of them fatal injuries. Both of them died on the spot. It is alleged that the incident was witnessed by, Sri Krishna Pal, Revati Raidas, Ram Sewak Raidas, Ram Swarup's wife Smt. Ram Beti, complainant's daughter, Shanti Devi and wife Smt. Ramvali.

(3.) ON external examination of the body of Smt. Lachchana the doctor found that rigor mortis was absent in upper limbs, abdomen was distended with greenish discolouration.