RAMJI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal bearing no. 519 of 1997 was preferred by Satyendra Ram, Mana Ram, Dhannu Ram @ Dhana Ram, Shri Bhagwan Ram and Nathuni Ram while Cr. Appeal No. 490 of 1997 was brought by Ramjee Ram, Jagdhari Ram, Girja Ram, Shivjee Ram, Dina Nath Ram, Vijay Ram, Brij Kishore Ram, Dhuri Ram and Sakal Ram. The appellant Satyendra Ram suffered conviction under sections 302, 307/149, 427, 452 and 148 of the Indian Penal Code (hereinafter to be referred to as the Code) and he was sentenced to undergo rigorous imprisonment for life under section 302 and rigorous imprisonment for five years under section 307 read with section 149, no separate sentences having been awarded to him under sections 427, 452 and 148. of the Code. All other appellants were convicted under sections 302/149 and 307/149 and each of them was sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for five years each respectively under sections 302 and 307 read with section 149 of the Code and though they were convicted under sections 427, 452 and 147 of the Code as well no separate sentence thereunder was inflicted on them. The appellant Mana Ram was further convicted under section 307 of the Code as well as under section 27 of the Arms Act and he was sentenced to undergo rigorous imprisonment for seven years and rigorous imprisonment for two years respectively thereunder. The sentences awarded to the appellants were ordered to run concurrently.

(2.) THE facts of the case may be set out in brief, which depicted a very sordid and intriguing story of love affairs between a young boy and a young girl of same village and community culminating in their marriage against knowledge and wishes of their parents and the same proving to be too costiy and dear inasmuch as the bride groom had to lose and sacrifice his father to the father and the brothers of the bride and some other members of their family. Amira Ram (P.W. 8), nineteen and a half year old son of the deceased and Kashmira Devi (P.W. 4), 19 year old daughter of the appellant Nathuni Ram attracted each other and they developed intimacy and ultimately they entered into wed lock. They left their parental house and started living and leading conjugal life at a different village away from their native place. They lived there for about six months and thereafter they shifted to their native village and started living in the house of the deceased or for that matter the house of Amira Ram. The father and the brothers of the girl, Kashmira had all along been nourishing annoyance, anger and grudge against the family of Amira Ram and ultimately the deceased fell a prey to their wrath about one year after the young couple returned to their native village and started living as husband and wife.

(3.) SHRIKANT Upadhyaya (P.W. 9), Officer Incharge of Udwant Nagar Police Station on getting rumour regarding commission of murder rushed to the place of occurrence. He at about 8.20 P.M. on the same day recorded the fardbeyan of the informant Amira Ram (P.W. 8) at village Kasap which was the scene of incident on the basis of which the formal F.I.R. was drawn up and Udwant Nagar P.S. Case No. 191 of 1994 was registered against the appellants. Investigation was taken up by P.W. 9 Shrikant Upadhyaya. He after recording the fardbeyan of the informant prepared inquest report, inspected the place of occurrence, recorded the statements of witnesses and sent the dead body of the deceased for postmortem. He also prepared injury slips in respect of injuries found on the person of P.W. 3 Raj Kishore Ram and P.W. 6 Nand Kishore Ram and forwarded them to the hospital for their examination and treatment. After completion of investigation and receipt of postmortem examination report and injury reports P.W. 9 submitted the chargesheet against the appellants and finally the trial commenced after commitment.