RAJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgement and order dated 30.07.2008 passed by the learned Sessions Judge, Badaun in ST No. 499 of 2002 (State Vs. Raja Ram and others) arising out of Case Crime No. 61 of 2002, under Section 148, 302/149 IPC, P.S. Dataganj, District- Badaun, whereby the accused/appellants Raja Ram, Rajesh, Subhash, Ram Pal, Sheo Dayal and Gyanwati have been convicted under Sections 148, 302/149 of IPC and have been sentenced to rigorous imprisonment for two years under Section 148 of IPC and imprisonment for life under Sections 302/149 of IPC.

(2.) The prosecution version in brief is that on 16.02.2002 complainant Vedram has submitted a written complaint exhibit Ka-1 at P.S. Dataganj, Badaun alleging that on 16.02.02 at 11.00 AM while he along with his brother Surender was sitting near the well of his village, the accused Raja Ram and Rajesh having tamanchas, Subhash and Ram Pal having country made guns, Sheo Dayal having spade (farsa) and wife of Raja Ram having a knife came there. Raja Ram exhorted that Surender be killed and asked Rajesh to take revenge of his father. Thereafter, Raja Ram, Rajesh, Subhash and Ram Pal fired at complainant's brother Surender, resultantly he sustained fire arm injuries. Sheo Dayal attacked him by spade and wife of Raja Ram cut the neck of Surender. Hearing cries of the complainant, his father and neighbours Jagdish, Ram Singh and some other residents of the village came there and saw the incident. Thereafter, the accused persons fled from the spot.

(3.) On the basis of the written complaint Exhibit Ka-1, the case was registered on 16.02.2002 at 14.30 hours vide FIR exhibit Ka-2 under Sections 147, 148, 149, 302 of IPC against the accused persons and an entry was recorded in the general diary vide exhibit Ka-3.