RAMESH & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellants, namely, Ramesh, Lala, Rajpal and Samarpal, against the judgment and order dated 09. 08. 1982 passed by 3rd Additional Sessions Judge, Moradabad in Session Trial No. 345 of 1980, State Vs. Ramesh and others, whereby aforesaid four appellants have been convicted under Section 302 IPC read with Section 149 IPC and awarded the sentence of life imprisonment and also, under Section 148 IPC awarded the sentence of one year R. I. Both the sentences to run concurrently.

(2.) The prosecution case in nutshell is that in respect of a passage, dispute was going on between the complainant Sompal Singh and his family members on one hand and Balwant and others on the other. In respect of which, about four and a half months back, there was an altercation between the two groups and a criminal case was lodged by Balwant at the Police Station. In this backdrop, Balwant and his sons wanted to kill Yadram Singh (the father of complainant Sompal Singh).

(3.) On the day of the incident at about 5:00 PM, the complainant Sompal Singh alongwith his mother Smt. Ram Pyari and his father Yadram were working in their field, the accused persons, namely, Ramesh S/o Balwant, Lala S/o Balwant, Rajpal Singh S/o Chhatar Singh, Samarpal S/o Gulab Singh, Chhatar Singh S/o Mukund Ram, Gulab Singh S/o Mukund Ram, Nanak S/o Khajan Singh and Vijay Pal S/o Gulab Singh, armed with Gun, Tabal and Gadansa, emerged from the sugarcane field and as soon as his father saw them, he tried to make his escape good towards the village, Ramesh and Lala then exhorted not to let him escape. On the alarm raised by the complainant Sompal Singh and his mother, the accused persons surrounded the victim near Pati Patuwa tank and the appellants Rajpal, Ramesh, Samarpal and Lala opened fire upon him, due to which he fell down and thereafter, other four accused persons are said to have assaulted him with Gadansa and Tabal. The said incident is said to be witnessed by Chetram S/o Hem Singh and Dhyan Singh S/o Hem Singh. The accused persons after killing his father had made their escape good and the dead body of his father was lying near the tank.