RAM VISHAL LOHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri C.L. Chaudhary, Amicus Curiae, for the appellant and Sri I.P. Srivastava, A.G.A. 1st, for State of U.P.

(2.) Ram Vishal Lohar has filed this appeal, from judgment of Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989]/ Fast Track Court No. 2, Fatehpur dated 25.01.2011, passed in S.S.T. No. 49 of 2000, State of U.P. Vs. Ram Vishal Lohar [arising out of Case Crime No. 75 of 1999, under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC ) and Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, P.S. Husainganj, district Fatehpur, convicting him under Section 302 I.P.C. and sentencing for imprisonment for life and fine of Rs. 8000/- with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Jagmohan (PW-1), FIR (Ex-Ka-6) of Case Crime No. 75 of 1999, under Section 307 IPC was registered on 18.05.1999 at 23:30 hours, at P.S. Husainganj, district Fatehpur, by Head Moharrir Subhash Chandra (PW-6) against Ram Vishal Lohar and two unnamed accused. It has been stated in the FIR that on 18.05.1999, the informant and his brothers Shivbodhan and Manbodhan were watching their sweet melon field. Harish Chandra and other villagers were also watching their crops in nearby fields. At about 10:00 PM, three persons entered the field of the informant and started plucking sweet melon. On which, his brother Shivbodhan stood up and coming forward, challenged the accused as to why they were plucking his sweet melon. The informant flashed torch on the aforementioned three accused. In the meantime, one accused opened fire from his pistol, which hit Shivbodhan on his forehead. Shivbodhan fell down after receiving injury. Then the informant and his brother challenged the accused, flashing torch upon the accused, then all the three accused fled away towards south side. The person, who had fired, was Ram Vishal son of Chheddu of his village, who was known to them. Other two persons were also recognized the light of the torch but due to fluster, their names were not remembered. The other villagers also came on the spot at the time of incident and have seen all the three accused. They have brought Shivbodhan at the police station. After lodging FIR, legal action be taken.