PATI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgement and order passed by Sri Ramji Lal, the then 1st Additional Sessions Judge, Etah on 8-5-1978 in Sessions Trial No. 833 of 1976. All the appellants were convicted under Ss.148, 364, 307/149, 302/149 and 201/149, I.P.C. Under S.148, I.P.C. each one of them was awarded 2 years rigorous imprisonment. Under S.201/149, I.P.C. each one of them was sentenced to five years' rigorous imprisonment, under S.364, I.P.C. and under S.302/149, I.P.C. each one of them was awarded imprisonment for life and to each one of them seven years rigorous imprisonment was awarded under S.307/149, I.P.C. All the sentences were made concurrent.

(2.) During the pendency of the present appeal Pati Ram appellant, resident of Dulhapur, Police Station Ooncha. District Mainpuri, was killed in an encounter on 31-1-81 and by the order dated 19-9-1988 his appeal abated. It now proceeds on behalf of the remaining four persons. Rajvir appellant belongs to village Antpur. Police Station Ooncha, District Mainpuri, Ram Sewak and Ram Prakash appellants belong to village Dattapur, Police Station Sakeet, District Etah. Ram Prakash is said to be armed with a gun while the remaining appellants were possessed of country made pistols. The occurrence took place in village Dattapur within the area of police station Sakeet, District Etah on 11-2-76 at 8.00 p.m. and the first information report was lodged by Ram Prakash alias Prakash son of Narottam (P.W. 2) at 1 p.m. on 12-2-76 at Police Station Sakeet, the distance of the police station being 7 miles from the place of occurrence.

(3.) According to the First Information Report Ram Prakash alias Prakash, (hereinafter referred to as 'Prakash') was sitting at his grocery shop when at about 8.00 p.m. the four appellants of this case along with three others passed from in front of his shop forcibly taking Smt. Phoolwati alias Phool Shri, wife of Meghnath Yadav of Dattapur, a lady of bad repute. She was crying. When these persons passed from in front of the shop of Prakash, he inquired as to what was the matter and who she was being taken away forcibly. Upon this the appellant No. 4 Ram Prakash who also belongs to village Dattapur fired with his gun at Prakash. The pellets hit Prakash on his arm. He took shelter behind the planks of door of his gate. The remaining three appellants also then fired at him with their country made pistols. The pellets hit planks of door of the shop as well as the wall. The cries of the woman and sound of the firing attracted at the scene of occurrence some persons of the locality, namely Rampal Singh, Sultan Singh, Kedar Singh and Mahobey. The culprits, however, all went away with the woman. Because Prakash was afraid to go to Thana in the night, therefore, he waited for the morning. On account of the injury that he had sustained, he was not in a position to go on foot and, therefore, he made arrangement of a bullock cart and all this took time. Then from Rampal Singh (P.W. 3) he got the F.I.R. of the occurrence scribed and with it he went to the Thana where he lodged it at 1.00 p.m. on 12-2-76. Since he was injured, he had to be sent for medical examination but before that, in view of the fact that he was wanted in a dacoity case, he was arrested at the Thana. Then he was sent for medical examination. He was medically examined on 12-2-76 at 4.30 p.m. in the Primary Health Centre at Sakeet by Dr. J.S. Rao (P.W. 6). The following injury was found on his person.