SHYAM PYARE Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Appeal No. 556 of 1983 was sent by the accused appellants Shyam Pyare, Fatte and Ram Dhani from Central Jail, Varanasi through the Superintendent of Jail. In the meantime learned counsel for the appellants Shyam Pyare, Fatte and Ram Dhani had also filed criminal appeal which was admitted and after registration it was numbered as CRIMINAL Appeal No. 464 of 1983. Since both these appeals have been filed against the same judgment and order dated 25.11.1982 passed by Sri R. C. Gupta, then Addl. Sessions Judge, Mirzapur in Session Trial No. 138 of 1982, State v. Shyam Pyare and others, we have heard them together and now we are deciding them jointly. It may also be mentioned that the appellants Shyam Pyare and Fatte have died during pendency of the appeal, so the appeals on their behalf have stood abated. The accused appellant Ram Dhani was released on bail, but thereafter he disappeared, and so non-bailable warrant was issued against him and he was arrested. At present he is in prison. Dr. Abida Sayeed, amicus curiae, was appointed to argue the appeal on behalf of Ram Dhani.

(2.) THE brief facts of the case are that on 2.12.1981 at 2.15 a.m. Kamla who is resident of village Patti Kalan, Kasba Ahraura, district Mirzapur lodged a first information report at P. S. Aharwara, district Mirzapur with the allegation that he was residing with his father and other family members in Billo Kund, Hamlet of village Latifpur, and several labourers were employed by his father for stone digging. THEy were given money in advance to do this job. On 2.12.1981 at about 9.00 p.m. Kamla alongwith his family members was taking dinner in his hut. His relative Ram Avadh had also come there. THE accused Shyam Pyare accompanied by his 3-4 companions came near his father Chhabban and asked him to give money for doing the work THE deceased Chhabban replied that he (Shyam Pyare) had already taken sufficient money in advance and had not done the work and asked him to complete the work as a large sum of money was due on him and then only he would pay any amount. THEn there took place some quarrel and Shyam Pyare fired on Chhabban from his country made pistol and the other persons accompanying him exhorted him to kill all the family members. THEn the complainant, his mother, sister and Ram Awadh ran away from the house and shouted for help. On hearing the alarm the neighbours Ram Murti and Kalloo etc. reached there and they saw Shyam Pyare and other persons running away from the spot. THE complainant and his family members also reached there and saw that Chhabban had died as a result of the firearm injury. THEy took the dead body to the police station and lodged the report and Case Crime No. 188 of 1981 was registered under Sections 147, 148, 149 and 302, I.P.C., P.S. Ahraura, district Mirzapur against Shyam Pyare and 3-4 other unknown persons. After completion of investigation, the police submitted charge-sheet against Shyam Pyare, Fatte and Ram Dhani. THE case was committed to the Court of Sessions and the 2nd Additional Sessions Judge, Mirzapur framed charges under Sections 148 and 302, I.P.C. against Shyam Pyare, and under Sections 147 and 302 read with Section 149, I.P.C. against Fatte and Ram Dhani. After taking evidence he was of the view that the abovenoted charges were sufficiently proved against the accused persons, and therefore he convicted Shyam Pyare under Sections 148 and 302, I.P.C. and Fatte and Ram Dhani under Sections 147 and 302/149, I.P.C. and sentenced the accused Shyam Pyare under Section 148, I.P.C. to 2 years' R. I. and under Section 302, I.P.C. to life imprisonment. Fatte and Ram Dhani were sentenced under Section 147, I.P.C. to one year's R. I. and under Section 302/149, I.P.C. to life imprisonment. Against this judgment and order, the accused appellants filed the above appeals.

(3.) IT is apparent that accused appellant Shyam Pyare only was named in the first information report who was allegedly accompanied by 3-4 persons. Fatte and Ram Dhani were subsequently implicated as companions of accused appellant Shyam Pyare and on appreciation of evidence on record, they have been convicted by the learned Addl. Sessions Judge.