JAIRAM Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Dilip Kumar, learned counsel appearing on behalf of the appellants, Sri Vijay Shankar Mishra, Advocate, on behalf of the complainant, Hunder Prasad, and learned A.G.A. for the State. In this appeal, judgment and order dated 4.6.1986 passed by III Additional Sessions Judge, Jaunpur, in S.T. No. 100 of 1983, State Vs. Jairam and eight others, is impugned. Appellants Jairam, Shiv Murat, Shanker, Jagdeo, Ram Narain, Ram Kumar, Ram Ashish, have been awarded life imprisonment under Sections 302/149 I.P.C., three years R.I. under Section 307/149 I.P.C., two years R.I. under Section 325/149 I.P.C. and one year R.I. under Section 147 I.P.C. Appellant Ramjeet has also been awarded life imprisonment under Section 302/149 I.P.C., three years R.I. under Sections 307/149 I.P.C. and one year R.I. under Section 148 I.P.C. All the sentences have been directed to run concurrently. Before charge was framed, accused Mahavir, who was named in the First Information Report, died and, therefore, the trial proceeded against eight accused. It is reported that accused/appellant no.1 Jairam son of Algoo and accused/appellant no.4 Jagdeo son of Jaipal have also died during pendency of the appeal. Arguments are, therefore, being advanced on behalf of appellants Shiv Murat, Shanker, Ram Narain, Ram Kumar, Ram Ashish and Ramjeet. The prosecution story unfolded in the First Information Report Exhibit Ka-1, is that there was a land having an area of 0.18 decimal which was made chak out during consolidation proceedings. The deceased Teju Ram, complainant Hunder Prasad, Jai Ram, Jagdeo, Kariya, Awadhu Ram, Vishwanath, Somaru, Jiyalal, Munnar, Naur and also the accused were co-owners. There was one well and three mango trees on the land. On 2.7.1982 at about 1:00 p.m., the accused persons armed with Lathis and Ballam, arrived at the place of occurrence to fix Naad and Charni. Allegation in the First Information Report is that they came with an intention to occupy certain area of the land extending their share. The deceased Tejuram along with the complainant objected to this. On instigation of the accused Jai Ram, the accused wielded Lathis and Ballam blows on them. Hearing shrieks of the complainant and deceased, Mithai Lal and Jiya Lal, nephew of the complainant, his wife Mahdei, arrived at the scene of occurrence and other witnesses from the village, Baiju Ram son of Kariya, Masardeo son of Khurbhur and Awadhu son of Manki and others, reached the place of occurrence where Marpit was going on. They tried to stop the accused but the accused did not pay any heed, after giving severe beating to them, they ran away. Tejuram, brother of the complainant died on the spot and his family members received injuries. First Information Report was registered on 2.7.1982 at 19:30 hours, at case crime no. 84 of 1982 under Sections 147, 148, 149, 302, 307 I.P.C., Police Station Khuthan, District Jaunpur. First Information Report was dictated by Hunder Prasad, and scribe of F.I.R. is Mithai Lal son of Teju Ram. Nine accused mentioned above, were named in F.I.R. It is specifically mentioned in the First Information Report that accused Ramjeet son of Jagdeo was armed with Ballam and other accused were armed with Lathis. Injuries of Mithai Lal son of the deceased, were examined on the same day at 4:15 p.m. at primary heath centre, Sondhi, Jaunpur. Following injuries found by Dr. R.S. Lal, on his body are; 1. Lacerated-2.5 cm. x 0.4 cm. x 0.2 cm. on the Lt. side of the head 8 cm. above the medial end of eye blow.

(2.) LACERATED 2 cm. x 0.3 cm. x 0.2 cm. on the Lt. side of the head 13.5 cm. above the Lt. ear.

(3.) BRUISE 6 cm. x 2cm. on the lateral surface of Lt. upper arm over upper 1/3 portion.