RAM LAKHAN Vs. STATE

JUDGEMENT

(1.) THE sixteen appellants, of these three appeals, namely, Ram Lakhan, Ram Sahai, Ram Lal, Hanuman Deen, Baijnath, Surya Bhan Singh, Raj Bux Singh. Ikram Sing, Nakchhed, Ram Prakash, Ram Acchaiber, Shiva Ram Singh, Nand Bahadur Singh, Jang Bahadur Singh. Man Singh and Shiv Bux Singh have been convicted under Sections 302/149, 323/ 149, 324/149, 325/149 and 326/149, I. P. C. by the II Temporary Sessions Judge, Sultanpur through his order dated 29-3-1974 passed in Sessions Trial No. 179 of 1973. The learned Sessions Judge has sentenced each appellant to undergo life imprisonment, six months. R. I. two years' R. I, four years' R. I, and five years' R. I. respectively for those offences. Ram Achaiber. Sheo Ram, Sheo Bux and Jang Bahadur Appellants have been further convicted under Section 148, I. P. C. and each sentenced to undergo two years' R. I. for that offence. The remaining twelve appellants have been convicted under Section 147, I. P. C. and each sentenced to undergo R. I. for one year. Different sentences of each appellant have been ordered to run concurrently.

(2.) THERE is a village known as Murain Ka Purwa within the circle of police station Jagdishpur in the District of Sultanpur. It is a small village comprising of 100 to 125 houses predominantly inhabited by Morais. This village is the hamlet of a bigger village known as Kanjas. Village Morain Ka Purwa lies just to the north of the Pucca road which goes from Sultanpur to Lucknow. Ram Kewal. who lost his life in the occurrence complained of belonged to village Morain Ka Purwa. His house lies at the south-eastern corner of the abadi of that village and faces towards south. Just in front of his house and adjacent to his Sahan Elarwaza runs Sultanpur-Lucknow railway line. The agricultural chak of the deceased lies at a distance of about 100 paces to the south-east of his house after the intervention of the aforesaid railway line. In the south-eastern portion of the aforesaid chak of the deceased his Karela crop was standing at the time of occurrence. In the south-western portion of the same Chak tobacco crop of the deceased, and in the north-western portion of the Chak his Lahsun crop were standing. To the north of the field where in Karela crop of the deceased was standing is another field of the deceased which is lower in level than the aforesaid Karela crop field by 2 1/2 or 3 feet. Wheat crop ready for being harvested was standing in that field when the occurrence took place. There is yet another plot of the deceased to further north of that wheat field. In that field also wheat crop was, sown and raised by the deceased but it had been harvested before the occurrence. To north-east of that vacant field and after intervention of some land which was, under the cultivation of one Ram Harakh, there is a plot of land belonging to one Ram Nidh which plot is to the north of the railway line.

(3.) RAM Lakhan, Ram Sahai, Ram Lal, Baij Nath and Nakchhed appellants are Morais by caste. Hanoman appellant is a Bania. The remaining ten appellants are Thakurs, All the Thakur accused are related to each other in some way or the other. Ram Achai Bar, Sheo Ram and Ikram appellants are sons of Ram Prakash appellant. Suraj Bhan is related to Ram Prakash as uncle. Nand Bahadur, Jang Bahadur and Man Singh appellants are real brothers. The ten Thakur accused are residents of village Newada, which is at a distance of about 1/4a miles from Morain Ka Purwa. The five Morai and the remaining Bania accused are residents of village Morain Ka Purwa itself. The prosecution contends that all the sixteen appellants are associates of each other and belong to one and the same party.