RAM MANOHAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. There are five appel lants, namely, Ram Manohar, Sheo Dulare, Hira, Babu Lal and Moti Lal. They have preferred this appeal against the judgment and order dated 2nd of August, 1980 passed by Sri N. K. Maheshwari the then II, Additional Sessions Judge, Fatehpur in Sessions Trial No. 195 of 1979. Out of them Hira Lal has been convicted under" Section 147 IPC, and sentenced to one year's rigorous imprisonment. He has fur ther been convicted under Section 302 read with Section 149 IPC, and sentenced to undergo imprisonment for life. He has also been convicted under Section 323, IPC simpliciter and sentenced to one year's rigorous imprisonment. The remaining four appellants have been convicted under Section 148 IPC and each of them has been sentenced to two years rigorous imprison ment. Each of them has further been sen tenced under Section 302/149 IPC and sen tenced to life imprisonment. Each of them has also been convicted under Section 323/149 IPC and sentenced to one year's rigorous imprisonment. All the sentences of each accused have been directed to run concurrently.

(2.) THE appellants Ram Manohar and Sheo Dulare are real brothers. THE appel lant Babu Lal is the son of the sister of the wife of Ram Manohar and the appellant Moti Lal is the brother of the wife of Ram Manohar. THE appellant Hira is said to be on family terms with the remaining appellants.

(3.) THE Doctor took out 57 pellets and few pieces of wadding from the dead body of Ram Pal. THE death had occurred due to shock and haemorrhage as a result of firearm ante-mortem injuries.