BHUSHAN & ORS Vs. STATE

JUDGEMENT

(1.) This appeal under Section 374 Cr.P.C. has been preferred by accused appellants Bhushan and Lala alias Satish Pal against judgment and order dated 05.4.1983, passed by VIIth Additional Sessions, Ghaziabad in Sessions Trial No.66 of 1981. By impugned judgment, all the appellants have been convicted under Sections 302/149 and 307/149 I.P.C. and have been sentenced with life imprisonment and rigorous imprisonment for five years respectively. Accused-appellant Om Pal, Madan and Lala alias Satish Pal have also been convicted under Section 147 I.P.C. and have been sentenced to undergo one year rigorous imprisonment. Accused-appellants Tejpal and Bhushan have been convicted and sentenced under Section 148 I.P.C. and have been punished with one year rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Out of five appellants, appellants no.4 and 5, namely Tejpal and Lala alias Satish Pal, died during pendency of the appeal and appeal in respect of them stood abated vide order dated 29.1.2009. Further, vide order dated 11.7.2018, appeal in respect of appellant no.2 namely Madan also abated due to his death. Consequently, the instant appeal, now survives only in respect of appellants no.1 and 3, namely, Bhushan and Om Pal.

(3.) Prosecution story, as emerging from F.I.R. as well as evidence adduced in this case is as follows: Incident took place on 22.11.1980 at 7.30 P.M. near Village Duhai towards 4 kms South. The F.I.R. of the incident was lodged by P.W.1, Ram Saran on the same day at 8.15 P.M. mentioning therein that his father Horam (deceased) drives Tonga and usually plies it between Bhikhanpur to Duhai, Ghaziabad and Murad Nagar. Accused Tejpal and Ompal had hired his Tonga for going to Garh Mukteshwar. The fare was settled at Rs. 300/-. It was also settled that half of the fare would be paid on reaching Garh Ganga and the remaining half while returning, on reaching Murad Nagar. All the accussed-appellants namely Bhushan, Lala @ Satish Pal, Madan, Tejpal, Ompal and Mahendra along with the complainant his father Horam and his mother Sukhdei proceeded to Garh Ganga on Tonga from Duhai. However, Mahendra became down with fever so he returned back on the next morning.