RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) Heard Sri Rahul Misra, learned Amicus curaie for the appellants and Sri Rajesh Mishra, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 30.04.1984 passed by VIth Additional District and Sessions Judge, Saharanpur in Sessions Trial No. 584 of 1982 (State vs. Sia Ram and two others) convicting and sentencing the appellants, namely, Ram Chander son of Godhra Kisan and Jaduvir son of Jograj Kisan. Appellant no. 1, Ram Chander, is convicted and sentenced to undergo imprisonment for life under Section 302 IPC. He is also convicted and sentenced to undergo rigorous imprisonment for three years under Section 324 IPC read with Section 34 IPC. Appellant no. 2, Jaduvir, is also convicted and sentenced to undergo life imprisonment under Section 302/34 IPC. He is also sentenced to undergo rigorous imprisonment for three years under Section 324 IPC. Both the sentences have been directed to run concurrently.

(3.) The prosecution case is that Ram Kishore, informant, lodged the first information report at Police station- Jaitipur, on 11.03.1982 at 07:15 am stating that his grandfather, Anokhe Lal, had illicit relationship with Smt. Prema, widow of Khushali. Khushali was elder uncle (tau) of co-accused, Sia Ram. After death of Khushali, Smt. Prema had been living in his house and she transferred 20 bighas of land of her share to Anokhe Lal. She died about 7 years back. Ever since her death, co-accused, Sia Ram wanted to get back the aforesaid land back but he could not get possession of the same. Due to the above motive yesterday i.e., 10.03.1982, at about 3:00 pm, when the informant was going along with his uncle, Gendan Lal and Nanku, to village- Kota on the eve of Holi, co-accused, Sia Ram, armed with gun, his brother, Ram Chander, armed with country made pistol and Jaduvir, armed with kanta, came out of the house of Sia Ram. When they reached the door of Sia Ram he fired at his uncle, Gendan Lal, with his gun. When his uncle fell down, Jaduvir attacked him on his legs with a kanta and Ram Chander fired from his country made pistol on his right ear. Sia Ram hit him with the butt of the gun on his head also and Gendan Lal died.