RAM SUBHAG AND ANR Vs. STATE

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by accused-appellants against judgment and order dated 16.2.1983 passed by Additional Sessions Judge, Mirzapur in Session Trial No. 99 of 1982 (State of U.P. Vs. Ram Sunbhag and another) under Section 302/34 I.P.C., Police Station Chopan, the then District Mirzapur, presently district Sonbhadra convicting and sentencing accused appellant Ram Subhag for the offence under Section 302 IPC for life imprisonment and accused appellant Banshdhari under Section 302 read with Section 34 IPC for life imprisonment.

(2.) Prosecution case as mentioned in chik first information report (FIR) (Ext. Ka-1), are as follows:

(3.) Informant Bhagwan Prasad son of Ram Lakhan gave oral information to the police of Police Station Chopan (the then district Mirzapur) on 7.4.1981 at 12.15 hrs. to the extent that he is resident of village Kaspani, Police Station Chopan, district Mirzapur and there was a complaint regarding illicit relations between the wife of Ram Subhag and informant's younger brother Birbal and on many occasions hot talk took place between them and due to that enmity when Birbal was returning from Obra at about 8 P.M. Ram Subhag and Banshdhari both started beating Ram Subhag and Birbal near the hill of the village. It was also informed by the informant that when Birbal made hue and cry loudly, informant, Amrit Lal, Buddhu, Ram Nath, Bihari and other village people rushed towards the place of occurrence flashing torch light then they saw Ram Subhag causing injury on the chest of Birbal (deceased) by bow and arrow. Accused appellant Banshdhari had caught hold the deceased at the time of incident. When informant and other witnesses reached the place of occurrence accused persons ran away towards hill. Informant and other witnesses reached the place of occurrence also chased accused persons flashing torch light but they could not be apprehended. Bribal died on the spot due to injuries caused by Ram Subhag by an arrow. It was also informed by informant that arrow is stuck in the body of the deceased. Since it was night hour, therefore, informant could not come to lodge FIR. Instead, in wee hours, proceeded to Police Station concerned leaving dead body at the place of occurrence under the supervision of Ram Lakhan, father of deceased and village Chaukidar Jai Prasad. Chik FIR was registered on 7.4.1981 at 12.15 p.m. against accused appellants at crime no. 80 of 1981, under Section 302 IPC. Entry in General Diary (G.D.) was also made at the same time which is Ext. Ka-2.