RAM JATAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against an order of conviction and sentence dated 18-12-1977 passed by Second Additional Sessions Judge, Azamgarh. By means of the said judgment and order appellants Ram Jatan, Ram Chander, Chandar, Ramayan, Naresh, Ram Nath, Dal Singar, Birju and Sharikh have been found guilty under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. Barai, Channa and Suraj appellants have been found guilty of the offence under Section 148 IPC and have been sentenced to undergo rigorous imprisonment for a period of two years. All the appellants have been found guilty under Section 302 lead with Section 149 IPC for the murder of Kharpattu and have been awarded life imprisonment on that account. All of them have also been convicted and sentenced to undergo two years' R. I. under Section 324 read with Section 149 IPC for causing injuries to Balli (PW 8). All of them have further been sentenced to undergo one year's. R.l. for causing injuries to one Patro since deceased. The order under appeal further provides that the various sentences awarded to the appellants shall run concurrently.

(2.) THE prosecution case may now be stated :- Appellant Dal Singar's father was one Kishun whose uncle Ramjas left behind five Bighas of land at village Bhanpur. This land was inherited by the widow of Ramjas Smt. Badaki Dalsingar appellant is said to have obtained a fictitious sale-deed in his name and in the name of his three brothers from Smt. Badaki who on coming to know of it filed an objection in the mutation proceedings. A suit was also filed for the cancellation of the said sale-deed which was pending at the time of the incident giving rise to this appeal. Patroo is said to have acted as Pairokar in these two cases on behalf of Smt. Badaki. About eight days price to the date of the incident, Ram Jatan, Birju, Dal Singar, Naresh, Ram Nath, Ramayan, Ram Chander and Chander appellants along with certain other persons forcibly harvested the barky crop belonging to Smt. Badaki. This led to a riot and gunshots are said t:o have been fired by Dal Singar and others in which Khaderu, Jholai, sons of Kharpat and one Kishore were injured and a criminal case in respect of this incident was started.

(3.) IT may be stated that Patroo was murdered on the night between 9/10th April, 1974 in the Baithak of one Komal Pathak in village Newada. Appellants Dal Singar, Birju, Ram Jatan and Ramayan were prosecuted in connection with the murder of Patroo but they were acquitted of the charge.