RAM HIRDAYA YADAVA Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment of Sri Ashraf Jamal Siddiqui, IV Additional District and Sessions Judge, Azamgarh dated, 15-10-1988 convicting the appellant Ram Hirdaya Yadava under Sections 302/149, 364/149 and 147 of Indian Penal Code and sentencing him to imprisonment for life under Section 302/149 of Indian Penal Code to ten years rigorous imprisonment and to the payment of fine amount to Rs. 1000/- and in default of payment of fine to under. simple imprisonment for one year under Section 264/ 149 and to one year rigorous imprisonment under Section 149 of the Indian Penal Code. The IVth Additional Sessions Judge, it may be mentioned. here, had acquitted the appellant under Section 201 of the Indian Penal Code and the co-accused Ram Das Yadava who happened to be his father in respect of all the above charges, giving him the benefit of doubt.

(2.) The prosecution case as contained in the First Information Report Ex. Ka-1 lodged at 10.30 p.m. on 15-9-1983 at the Police Station Mubarakpur is that the deceased Bhola was not agreeable to allow the drain of Rani Das and Ram Hirdaya Yadava to flow over the land facing his door. Ram Das had filed a civil suit to prevent Bhola and his family, members from interference within fifteen to twenty days before the incident. A panchayat had been convened by Bhola to sort-out the differences. The panchayat ruled that Ram Das should discharge the water of his drain in a soak-pit to be built by him. The appellant Ram Hirdaya Yadava who was posted as a Sub-Inspector of police at the Vindhyachal Police Station in the district of Mirzapm did not find the decision of the, panchayat to be palatable. He threatened the deceased not to interfere with the drain by his exit or else, he would be done away with. On 15-9-1983 at about 8.15 p.m. when Bhola and Mohit were cooking their meals at the latters shop and Roopa Yadava the younger brother of Bhola was sitting nearby, an Ambassador car of deep military shade came from Azamgarh side and moving slowly stopped a little ahead of the hotel of Pechu on the other side of the road. A person wearing Kurta and Dhoti alighted from the car and approaching him told Bhola that Thakur Saheb of Jiyanpur was calling him for talk. Bhola went along with that person upto the car. There he and the others sitting in the car forcibly dragged Bhola inside. On the front seats of the car were noticed Ram Hirdaya Yadava appellant and his father Ram Das. The identity of the others in the car was not known. The faces of the six persons were, however:, visible in the electric light lit outside and the light of the car inside. Zamiruddin, Satya Ram Yadava and Lal Behari Yadava who were sitting at the shop of Pechu at that time and others raised alarm along with the informant Roopa and Mohit, but the six persons sped away with Bhola. The informant and Satiram pursued the car on the motor-cycle of Zamiruddin but they could not catch it up. On reaching Jiyanpur crossing, they were informed by the persons at the betel shop and also others standing nearby that just a little earlier a car with six or seven persons took a swift turn and went on the Azamgarh Nadvi Sarai Road. The motor Cycle was driven in that very direction. A little ahead of village. Chhapra Sultanpur near Imaliya, they saw the dead body of Bhola lying on the left side of the road with his head downwards fully smeared with blood. Roopa Yadava informant, Satiram and Zamiruddin asked the people of the Imaliya village who had arrived there to take care of the dead body till they returned back after lodging the report. Prosecution Evidence:

(3.) The Prosecution examined Roopa Yadava P.W. 3, Zamiruddin P.W.l and Mohit P.W.2 to prove the abduction of Bhola from the Bankat Bazar by the appellant Ram Hirdaya Yadava, his father Ram Das Yadava and the four others unknown who were accompanying them. Roopa Yadava corroborated the prosecution story in all its details dealt with above. He pointed to have dictated the First Information Report Ex. Ka-1 to Raj Kumar near the Mubarakpur turning where he had reached from village Imaliya on the motor-cycle of Zamiruddin P. W.1.