RAM LALAK Vs. STATE

JUDGEMENT

(1.) The prosecution case is comprised in two parts:-

(2.) The second part alleged that on the same day while P.W-1 was tethering livestock in the grove, accused Ramlalak (A-1) with a DBBL gun, Devmani (A-2) and Ramchand (A-3) with SBBL guns, Indramani (A-5) and Rammilan (A-6) with lathis, and Bajrangi (A-4) with ballam came, out of whom, Ramlalak(A-1) exhorted P.W-1 that he better not move as he wanted to teach him a lesson. P.W-1 sensing trouble attempted to flee towards his house while raising cries for help. Dwarika (P.W.2), Ramdas, (deceased) (relatives of P.W-1) and Ayodhya ran to rescue PW-1. Accused Ramlalak (A-1), Devmani (A-2) and Ramchand (A-3) fired at P.W-1 which hit him on his head, waist and legs. The witnesses dissuaded the accused persons from doing so. Accused too exhorted the witnesses to stay away, upon which accused Ramlalak, Devmani and Ramchandra fired at Ramdas (deceased) and Dwarika (P.W-2). Ramdas (deceased) succumbed to the injuries on the spot. Dwarika (P.W-2) and Ayodhya (not examined) sustained pellete injuries, thereafter accused Bajrangi (A-4) inflicted ballam blow at Dwarika (P.W-2) on his waist, who fell down, followed by lathi blows on him by Indramani (A-5) and Rammilan (A-6). P.W-1 subsequently learnt that the accused Ramnarayan with a view to eliminate P.W-1 and his family had lent licensed ams belonging to his family to accused Ramlalak (A-1), Devmani (A-2) and Ramchandra (A-3).

(3.) The accused were charged under sections 27 and 28 of the Arms Act, 120-B,302/109,147,148, 307/149 and 302/149 IPC.