DHARAM RAJ SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against judgement of conviction dated 13.5.1985 and order of sentence dated 14.5.1985 passed by the learned Additional Sessions Judge, Mirzapur in Sessions Trial No. 312 of 1984 whereby learned Judge convicted and sentenced the appellants to life imprisonment under Sections 302 read with 149 Penal Code for the murder of Ram Suresh and Sugwanti. The appellants were further convicted and sentenced to one year's RI under Sec. 147 Penal Code and seven years' RI under Sections 307/149 IPC. However, all the sentences were directed to run concurrently.

(2.) As appellants Nos. 6 and 7 namely Lalji Singh and Ram Naresh Singh are dead, the appeal filed on their behalf abated vide order dated 08.7.2016.

(3.) In short compass, the facts of the case are that an oral information was given by the informant Mahendra Singh at the police station Karma, district Mirzapur to the effect that his sister-in-law Jhunni had gone to fetch water from river, where accused Tej Singh teased her. Jhunni returned home and narrated the incident to her mother-in-law Sugwanti. At about 9.30 AM, Sugwanti and Jhunni came to Ram Suresh, who was working at the fields along with PW1, Jamwant, Nagendra, Manik, Mohan, narrated the incident to him and his sons. At about 10.00 AM accused Lalji, Ram Narain, Ram Naresh, Prakash Murli, Punni Ram, Jokhan, Dharamraj, Tej Singh, Bhushan and Budhiram arrived at the said fields. Lalji, Jokhan and Murli were armed with lathi, whereas other accused had lohbanda (iron ring fitted lathi). All the accused surrounded them, abused and started assaulting Ram Suresh and Sugwanti. Sugwanti took out a spade lying in the field, plied it in self defence, which caused some injuries to Tej Singh. Due to injuries inflicted by accused-appellants, Ram Suresh and Sugwanti succumbed to the injuries and Jamwant seriously injured. However, Nagendra and Manik escaped unhurt and on their alarm, Sadafal, Siddharth, Sunder, Hegchi, Khaderu and others rushed to the spot, witnessed the incident, but due to fear of accused, no one dared to come forward. It was also alleged that father of Tej Pal Singh was murdered 12-13 years ago in which informant's father was named and due to enmity, accused committed the murder of Sugwanti and Ram Suresh.