RAM CHANDER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Apul Mishra alongwith Sri Rahul Mishra and Sri Raghuvansh Misra, learned counsel for the appellants and Sri Ajit Ray, learned A.G.A. for the respondent and perused the material on record.

(2.) This appeal has been filed against the judgement and order dated 29.01.2002 passed in Session Trial No.568 of 1996 (State vs. Ram Bahadur and 3 others), Police Station Beesalpur, District Pilibhit by which learned Additional Session Judge, Pilibhit has convicted the appellants-accused Ram Chander, Ram Shankar, Ram Bharosey and Ram Bahadur and sentenced appellant Ram Chander to undergo two years rigorous imprisonment under Section 148, appellants Ram Shankar, Ram Bharosey and Ram Bahadur have been sentenced to undergo one year rigorous imprisonment under Section 147 I.P.C. and all the appellants have been sentenced to undergo life imprisonment and fine of Rs.2000 under Section 302 read with Section 149 I.P.C. in default of fine to undergo further a period of 6 months additional imprisonment.

(3.) In brief facts of the prosecution case are that Gaon Sabha land was allotted on lease to the deceased Beni Ram, brother of the informant in which one Sunder Lal (since died during trial) was claiming his land. Munendra Pal Singh village head (Pradhan) resident of village Bharuwa settled the dispute between them a day before the incident and it was decided that Beni Ram will leave three and half bigha land in favour of Sunder Lal. On 22.11.1991 at 11:00 A.M. Ram Bahadur, Sunder Lal of the village came to the house of deceased Beni Ram having spade in hand and asked for measurement as decided yesterday, on which Beni Ram (deceased), Shyam Bihari (informant) and Smt. Ram Rati wife of Beni Ram proceeded for measurement taking gattha of wood (log) and rope. When they reached at 1:00 p.m. on the field, Ram Chander having a spear in hand, Ram Shankar and Rama Bharosey met there. Sunder Lal, Ram Bahadur, Ram Chander, Ram Shankar and Ram Bharosey tied both legs of Beni Ram with towel. Ram Bahadur pressed legs of Beni Ram, Ram Bharosey, Ram Shankar caught hold his both hands, Sunder Lal by spade and Ram Chander by spear started jabbing to Beni Ram stating to kill him, Sunder Lal cut the neck of Beni Ram, Ram Chander gave spear blow on the stomach. Informant and Smt. Ram Rati wife of Beni Ram alarmed. On their alarm Subedar Khan resident of the same village and Ram Singh of village Bharuwa arrived. All of them tried to save Beni Ram but accused threatened to them of dire consequences. After killing Beni Ram, assailants went away towards village through the bank of river.