RAM MURTI Vs. STATE

JUDGEMENT

(1.) -The present appeal has been filed against the judgment and order dated 2.2.1987, passed by IIIrd Additional Sessions Judge, Bareilly, convicting the appellants Ram Murti, Om Prakash, Ram Singh, Nankoo and Budhi under Sections 148, Indian Penal Code and 302/149, Indian Penal Code and sentencing them to undergo one year rigorous imprisonment for the offence under Section 148, Indian Penal Code and imprisonment for life for the offence under Section 302/149, Indian Penal Code.

(2.) APPELLANTS Ram Murti, Om Prakash, Ram Singh, Nankoo and Buddhi were challaned by Nawabganj Police, district Bareilly for an occurrence which took place on 12.8.1985 at 5.30 p.m. on the canal side within the territory of village Dandia Nizmulnisha. It is alleged that on 12.8.1985, deceased Ram Charan had gone to Dalele Nagar Flour Mill and after grinding his wheat, he was coming to his village on a cycle with a bag of flour. When he reached at canal side, near the chari field of Ram Raj, appellants Om Prakash and Ram Singh ambushed in the field, fired gun shots at him. The deceased fell down and started running towards his village. On a chase given by the appellants, he was caught hold and the appellants started inflicting knife and sickle blows causing him large number of injuries and instantaneous death on the spot.

(3.) THE chick report was prepared by head constable Ram Veer Sharma P.W. 6, who also recorded the registration of the case in the G.D. Sub-Inspector Pooran Lal Gupta investigated the case, recorded the statements of witnesses and submitted the charge-sheet. This is the whole of the evidence adduced by the prosecution.