BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. All the five appel lants have been convicted for the offence punishable under Section 302 read with Section 149, I. P. C. and under Section 307 read with Section 149, I. P. C. and also under Section 324 read with Section 149, I. P. C. and each of them has been awarded sentence of imprisonment for life for the offence punishable under Section 302 read with Section 149, I. P. C. for committing the murder of Hajari Lal and Smt. Ram Shree, they have been further sentenced to live years Rigorous Imprisonment for the of fence punishable under Section 307 read with Section 149, I. P. C. for making mur derous assault on Balveer and have also been sentenced to two years Rigorous Im prisonment for the offence punishable under Section 324 read with Section 149, I. P. C. for causing hurl to Smt. Mohar Shree, with the direction that all the sen tences of all the appellants shall run con currently vide judgment and order dated 3. 12. 1980 passed by Sri O. N. Aslhana, the then IV Additional Sessions Judge, Main-puri in Session Trial No. 43 of 1980. Ag grieved by the conviction and sentences awarded to them the present appeal has been preferred by the, appellants. How ever, appellants Babu Ram and Phool Singh alias Bhajan Lal have died during the pendency of this appeal and their ap peal stood abated.

(2.) SHORN of superficiality the case of the prosecution unfolded by the evidence on record is that the victims of this case are residents of village Balarpur, Police Sta tion Bhongaon of District Mainpuri. Two persons have lost their lives in this inci dent. One is Hajari Lal and the other is Smt. Ram Shree, daughter-in-law of Hajari Lal and wife of complainant Harpal Singh. Balbir Singh and his wife Sml. Moharsri had received injuries in this inci dent. According to the prosecution, there-is one more injured Shiv Singh, who is real brother of Balbir Singh. However, the trial Court has held that it is not established that the injury to Shiv Singh has been caused in this incident.

(3.) ACCORDING to the prosecution Regislar Singh and Bahadur Singh both are hardened criminals and are engaged in committing dacoitics and were absconding from the village. In the year 1976 Ram Avtar, brother of complainant Harpal Singh was caught hold of by the accused persons and murderous assault was made on him of which F. I. R. was lodged by Har pal Singh complainant of this case, but the case ended in final report as nobody was prepared to support the case due to terror created by Registar Singh and Bahadur Singh. A litigation in the consolidation between the prosecution party and the appellants and Registar Singh also took place. For this reason there was enmity and due to the terror of the accused persons. Rarn Avtar, brother of the complainant had shifted to Gopalganj in the Bihar. His another brother Ram Swarup had shifted to Mainpuri and used to come to the vil lage at long intervals. The accused were angry with Ram Swarup, who was doing Pairokari in the case before consolidation Court.