JANMED Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the appellants, namely, Janmed, Abhai Ram, Ram Singh, Mahesh, Satish and Ram Gopal against the judgment and order dated 5.2.1983 passed by the learned VI Additional Sessions Judge, Mainpuri in Sessions Trial No.75 1983 arising out of Case Crime No.60 of 1982 whereby appellants, namely, Janmed, Abhai Ram and Ram Gopal were convicted and sentenced to life imprisonment for the offence under Sec. 302/149 IPC, one year rigorous imprisonment under Sec. 148 Penal Code and one year rigorous imprisonment under Sec. 452 IPC, accused appellants, namely, Satish, Ram Gopal and Mahesh were convicted for life imprisonment for the offence under Sec. 302/149 IPC, one year rigorous imprisonment under Sec. 452 Penal Code and six months rigorous imprisonment for the offence under Sec. 147 IPC. All the sentences were directed to run concurrently.

(2.) The appellant no.1 had expired during the pendency of appeal, hence the appeal in respect of him abated vide order dated 21.4.2018.

(3.) The offence with which the accused appellants were charged related to an occurrence at about 11 P.M. on 19/20.8.1982 in respect of murder of Ram Das and Km. Phool Pyari, the brother and daughter of the complainant Kishan Lal who were residing in village Tulsipur, P.S. Barnahal, District Mainpuri. The FIR in respect of the said incident was lodged at 6.30 A.M. on 20.8.1982 stating that in the night between 19/20.8.1982, the complainant and his wife and children were sleeping on his chabootra (plinth) while the complainant's brother Ram Das and his wife were sleeping on their chabootra (plinth). A lantern was burning at the door of his brother Ram Das. At about 11 P.M. Janmed (now deceased) resident of Habilia armed with gun, Abhai Ram and Ram Singh having country made pistol and Mahesh, Satish and Ram Gopal who were armed with lathis arrived at the house of the complainant. The accused Janmed hurled abusive language at Ram Das and shouted that he had earlier escaped several times, but today he will not be spared. On hearing this shout, his brother Ram Das stood up from the cot, but the accused persons started assaulting him with lathi, gun and country made pistol who fell on the ground and died instantaneously at the spot. The complainant and his wife on seeing this incident ran and climbed over the roof raising alarm. The daughter Km. Phool Pyari aged about 9 years was left while sleeping at the chabootra (plinth). The accused persons took Km. Phool Pyari and entered into the house of the complainant in search of him and came out with Phool Pyari at the door and Accused Janmed had made a fire upon Phool Pyari with his gun, as she had recognised all of them. Phool Pyari also breathed her last shortly thereafter.