RAM NIWAS Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the impugned judgement and order dated 28.02.2007 passed by Special Judge (E.C. Act), Court No. 21, Shahjahanpur in Sessions Trial No. 1798 of 2004 (State vs. Nokhey Lal And Ors.) connected with Sessions Trial No. 1820 of 2004 (State Vs. Ram Niwas) and Sessions Trial No. 1821 of 2004 (State Vs. Surjeet Singh), convicting the accused-appellant no. 1 Ram Niwas and accused-appellant no. 2 Surjeet under Sec. 302/34 of Penal Code and Sec. 25 of the Arms Act, 1959, and accused-appellant no. 3 Nokhey Lal under Sec. 302/34 of Penal Code and sentencing the appellants Ram Niwas, Surjeet and Nokhey Lal to undergo imprisonment for life and further sentencing the appellants Ram Niwas and Surjeet to undergo three years rigorous imprisonment for the offence under Sec. 25 of the Arms Act and a fine of Rs. 1000.00 each, and in default thereof, additional imprisonment of six months.

(2.) In the present case, there are two deceased namely Guddu and Yadram. It is said that they were cousin brothers. All the accused persons (Ram Niwas, Surjeet, Nokhey Lal and Khushi Ram) were the neighbours of deceased Guddu and Yadram and likewise two eye witnesses to the incident i.e. PW-1 Ram Pal and PW-2 Rajendra were also neighbours of the accused persons. On 28.08.2004 at about 07.30 p.m., the informant Ram Pal was sitting on the roof of his house and the two deceased, his son Guddu and nephew Yadram were standing along with PW-2 Rajendra opposite to his house. Acquitted accused Khushi Ram started abusing PW-2 Rajendra, which was objected by the two deceased and soon thereafter accused Nokhe Lal, acquitted accused Khushi Ram with their licensed gun and rifle and two other accused persons Ram Niwas and Surjeet with their country made pistols fired their weapons resulting instantaneous death of Guddu whereas Yadram sustained injuries. PW-1 Ram Pal and PW-2 Rajendra cried for help and they also challenged the accused persons upon which Shyam Lal, brother of PW-1 and other villagers reached there and seeing them, the accused persons came down from their roof, entered their house and closed the door. With the help of villagers and other persons, while taking the injured Yadram to police station, on the way, he succumbed to his injuries.

(3.) Fir Ex. Ka-18 was lodged on 28.08.2004 at 10.40 p.m. by PW-1 Ram Pal, father of the deceased Guddu against all the accused persons under Sections 302, 504 of I.P.C. and 30/27 of the Arms Act. A separate FIR was also registered vide Ex. Ka-20 on 01.09.2004 against accused Ram Niwas and Surjeet under Sec. 25 of the Arms Act.