RAM SHANKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 17.2.1987 passed by Vth Additional Sessions Judge, Basti in Sessions Trial No.222 of 1984, convicting accused no.5-Tirath, accused no.6-Laxmi, accused no.7-Ashok, accused no.8-Ram Bhabhuti, accused no.9-Bhadeshwar and accused no.10-Parmatma under Sections 147, 323 read with Section 149 and Section 302 read with Section 149 of IPC and sentencing them to undergo one month's RI; three months' RI and imprisonment for life respectively. Further, accused no.1-Ram Shankar, accused no.2-Onkar, accused no.3-Mahadeo and accused no.4-Rajeshwar have been convicted under Sections 148, 323 read with Section 149 and Section 302 read with Section 149 of IPC and sentenced to undergo one year's RI, three months' RI and imprisonment for life respectively.

(2.) As per prosecution case, there were two groups in the village, one was of 'Pandit' community, whereas the other group was of 'Harijan' community. As the later group had stopped working for the first group, there was a dispute between the two and the proceedings under Section 107 of Cr PC were initiated against both the groups. Another outfall of the said dispute was that the second group was not allowed to move freely in the village by the first group nor they were permitted to fetch water from the Well. It is said that on 29.9.1982, deceased Shiv Raj, who belonged to second group, was making some arrangement to have separate Hand Pump and while doing so, he had gone to the well of accused Ram Shankar and there some verbal exchange had taken place. Soon thereafter, accused persons reached to opposite group carrying different weapons with them and upon exhortation being made by first accused Ram Shankar, they caused injuries to Shiv Raj. When Piyare (PW-2) and Hanuman (PW-3) tried to intervene in the matter, they were also subjected to injuries. In the said incident, accused Laxmi and Ashok also suffered minor injuries. After sustaining injuries, Shiv Raj expired at the place of occurrence itself.

(3.) On the basis of written report Ex.Ka.1 lodged by (PW-1) Ram Dawan, brother of the deceased, on 29.9.1982 FIR Ex.Ka.2 was registered at 9:15 am against ten accused persons, namely, Ram Shankar, Onkar, Mahadeo, Rajeshwar, Tirath, Laxmi, Ashok, Parmatma, Bhadeshwar and Ram Bhabhuti under Sections 147, 148, 149, 323, 324, 504 and 302 of IPC.