RAMHARAKH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 7-3-1980 passed by Shri G. D. Dubey, the then I Additional District and Sessions Judge, Azamgarh in Sessions Trial No. 359 of 1977 whereby appellants Ram Harakh, Maniram and Ram Dwar have been convicted under Section 148, I.P.C. and sentenced to two years' R.I. and appellants Musafir, Shobhnath, Ram Karau, Shriram, Surajbali and Raja have been convicted under Section 147, I.P.C. and sentenced to one year's R.I. They have also been convicted under Section 302 read with Section 149, I.P.C. and sentenced to imprisonment for life. They have further been convicted under Sections 326, 324 and 323 read with Section 149, I.P.C. and sentenced to five years' R.I., one year's R.I. and six months' R.I. respectively. All the sentences were directed to run concurrently.

(2.) In brief, the case of the prosecution is that on 1-5-1976 at 3.00 p.m. Malak (since deceased) and the father of the informant Banwari were sitting in the Usari and were talking. In the meantime, accused Ram Harakh armed with Adhdha, Ram Dawar armed with gun, Mani Ram armed with Gandasa, Musafir, Shobh Nath, Ram Karan, Raja, Shriram and Suryabali armed with lathis came and exhorted that Malak should be killed today. Ram Harakh fired by his Adhdha and Ram Dawar fired by his gun which hit Banwari and Malak. Lal Chand son of Malak and his wife came to save Malak and they were also assaulted. Banwari was hospitalised and Malak died. It is alleged that Darbari, Pawaru, Shyamdhari, Ramker etc. had seen the occurrence. The notice of the occurrence is said to be old enmity between accused Ram Harakh and deceased Malak.

(3.) It is alleged in the F.I.R. that the informant went to Police Station, Gambhirpur, but no report was lodged. He took the victims to the Sadar Hospital and on 2-5-1976 at 8.30 p.m. the F.I.R. was lodged at police station Kotwali. The case was transferred to Police Station, Gambhirpur and on 3-5-1976 at 20.35 p.m. (sic) the case was registered.