MATHURA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by Mr. J. P. Semwal, the them Additional Sessions Judge, Almora, Camp at Ranikhet on 21-8-1978. The learned Judge convicted the appellants under sections 147, 148 and 302/149 of the IPC and sentenced each one of them to undergo rigorous imprisonment for two years under section 148 IPC and imprisonment for life under section 302 read with 149 IPC. He also noted that since section 147 IPC is covered by section 148 IPC hence no separate sentence under section 147 IPC is being passed. He made the sentences concurrent.

(2.) TWENTY nine persons in all stood trial before the learned Sessions Judge, vide Sessions Trial No. 2 of 1974. According to the prosecution version, how- ever, four persons had died at various stages of the case. They were Pan Ram, Bach Ram, Durga Ram and Kesh Ram.

(3.) THIS occurrence took place just after 11 days of the delivery of possession to Moti Ram. Sagat Ram PW 2 who is the son of Moti Ram accompanied his father Moti Ram and bis step mother Smt. Jhupuli Devi and they all came to plot no. 1912 in village Tila Tok where they intended to sow Maduwa. They bad brought a pair of bullocks and a plough. Moti Ram started ploughing the field and Sagat Ram PW 2 and Smt. Jhupuli Devi PW 3 busied themselves in picking up stones from the field. Hardly a few cubits wide area had been ploughed when eight accused appellants namely (1) Mathura Ram, (2) Kashi Ram, (3) Sad Ram, (4) Gusain Ram, (5) Durga Ram, (6) Chandan Ram, (7) Sheesh Ram and (8) Jai Kishan Ram armed with lathis came there and asked Moti Ram to desist from ploughing. They were told that Moti Ram had already won the case from the court and had obtained possession through Amin and, therefore, he had a right to plough the land. While these exchanges were still going on, another batch of seven accused namely (1) Ghur Ram, (2) Soban Ram, (3) Bhim Ram, (4) Govind Ram, armed with lathis, and (5) Smt. Jaintuli Devi (6) Smt. Devki Devi and (7) Smt. Kanti Devi armed with sickles came on the spot. Thus, there was a group of fifteen accused who are the present appellants and they all demanded from Moti Ram the vacancy of the land. They asked him to unyoke his plough and when Moti Ram did not agree, Kashi Ram gave him lathi blow on his back. Simultaneously Jaikishan Ram gave him another lathi blow on his head, as a result of which Moti Ram fell down, then all the twelve male accused appellants attacked him with their lathis, while he was in fallen down condition it is contended that the female appellants, however, continued to exhort their male companions not to leave Moti Ram alive, without actually taking part in the marpit. While this marpit was going on, a third batch of 16 accused persons, who have all been acquitted by the learned Sessions Judge, consisting of (1) Faqir Ram, (2) Jai Nand Ram, (3) Govind Ram, (4) Pan Ram, (5) Prem Ram son of Bhawan Ram, (6) Gopi Ram, (7) Bach Ram, (8) Urba Ram, (9) Pan Ram son of Thepar Ram, (10) Bagi Ram, (11) Gusain Ram son of Lachan Ram, (13) Prem Ram son of Lacham Ram, (14) Durga Ram son of Charoar Ram, (15) Het Ram and (16) Sad Ram son of War Ram all armed with lathis came to the plot and joined in the assault with the other co-accused and exhorted them to kill Moti Ram and not to spare his life. All entreaties by Sagat Ram PW 2 and Smt. Jhupli Devi PW 3 failed and after killing Moti Ram, the accused persons left for his house exclaiming mat they have now to plunder the house and to destory it. Sagat Ram PW 2 and Smt. Jhupli Devi PW 3 followed them but when they reached near the house of the deceased, they were threatened by the culprits and hence they out of tear went to the house of Kundan Ram. From there, they heard the noise of the dismantling of the stones of the roof and after the accused had all left, Sagat Ram came to his house and his father's house and found that a damage to the extent of Rs. 200/- had been caused to the houses and his step mother's nose ring as well as Rs. 600/- in cash had been looted.