REGENT COMPUTRONICS PVT. LTD.

RAM NARESH Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) These criminal appeals have been preferred against the common judgment and order dated 28.01.1988 passed by the Sessions Judge, Mirzapur in Sessions Trial No. 240 of 1986 (State vs. Kunwar & five Ors), under Sections 148 and 302/149 of Indian Penal Code and Sections 3/4/5 Explosive Substances Act, P.S. Kotwali Dehat, District Mirzapur, whereby accused-appellants namely, Kunwar, Ram Naresh, Nirju, Dangar, Basant Lal and Rajendra have been convicted under Sections 148 and 302/149 of IPC and sentenced to imprisonment for life under Section 302/149 of IPC and two years rigorous imprisonment under Section 148 of IPC. Accused appellant Kunwar was further convicted under Section 3 of Explosive Substance Act and sentenced to three years rigorous implication along with fine of Rs. 500. All the sentences were directed to run concurrently.

(2.) Accused-Appellants Basant Lal and Dangar have expired during pendency of appeal, thus, appeal in their respect stands abated.

(3.) According to prosecution case, on account of some previous litigation, accused Basant Lal and Nirju etc. were having enmity with family of complainant Mishrilal (PW-1). It is alleged that on 14.05.1986 deceased Munnar, who was brother of complainant, had gone to river to collect sand, while complainant (PW-1), his brother Lal Chand, one Shiv Dhari and Mason Shitla Prasad (PW-3) were present in southern side of complainant's house and were waiting for Munnar, as some construction was going on in the house of complainant. At around 8:30 a.m. when deceased Munnar was carrying sand on his bicycle, they heard noise and commotion and saw that accused-appellants Kunwar, Ram Naresh, Nirju, Dangar, Basant Lal and Rajendra were making exhortation to kill deceased. Deceased Munnar left his bicycle and ran towards western side but accused Kunwar thrown a bomb, which burst near him. Thereafter, all the six accused persons encircled Munnar near land of Basant Lal and started assaulting him with barcha (spears). Complainant and his above stated companion ran to save deceased but accused persons threatened to kill them too. Thereafter, all the accused persons ran away towards northern side. Complainant and his companion went near Munnar and found that he has died due to injuries.

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RAM NARESH Vs. STATE OF UTTAR PRADESH

Referred Judgements :-

JUDGEMENT

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