- (1.) THE present appeal is directed against the judgement and order dated 18.5.82 passed by II Additional District and Sessions Judge, Hardoi in Sessions Trial No. 790 of 1982 convicting the appellants Angneylal, Mewaram, Ramautar and Shiva Dayal under Sections 147 IPC and 302/149 IPC and sentencing them to undergo rigorous imprisonment for one year and life respectively. Appellants Angeera and Gangaram have been convicted under Sections 148 IPC and 302/149 IPC and sentenced to undergo rigorous imprisonment for two years and life respectively.
(2.) DURING pendency of the appeal, appellant Ramautar has died and the appeal on his behalf stands abated. Briefly stated, according to prosecution case, Munni Lal, the informant, and his brother Shiv Balak were residents of village Koro Kalan. The accused Angeera is son of accused Angnelal who had been member of the legislative assembly and wielded good influence in the village and district. The accused belong to Pasi community and are related to each other. Accused Gangaram, Ramautar and Shiv Dayal though lived in a different village but they used to visit the village of Angnelal very often. It is alleged that about one year before the incident Shiv Balak had abducted the mother of accused Mewaram and hid her in the village. On account of that abduction, accused were revengeful against the deceased. On 3.10.81 in the noon the deceased Shiv Balak was sitting alone at the door of Kariman under a pakar tree when the accused reached there. Accused Angeera was having a country made pistol while Gangaram was having a gun. The other accused were unarmed. All the accused caught hold of the deceased Shivbalak and tied his hands. Hearing the alarm raised by the deceased, Munnilal, the brother of the deceased, Smt. Rampiari, his mother and Km. Vimla, his sister rushed to the place of occurrence and requested the accused not to take the deceased away but they carried him towards west. All the three followed the accused. When accused reached alongwith deceased at the mend of Jamuna, Ram Bharose, accused Gangaram and Angeera fired with their weapons causing immediate death. Thereafter the accused ran away. The report of the incident was lodged at 2:10 p.m. at police station Beniganj. After registration of the report, the investigating officer commenced investigation. He collected clothes of the deceased, Ex. Ka -1 to Ka -4 and a blood stained rope which was tied in the hands of the deceased. He prepared inquest report and other relevant papers for postmortem examination. Thereafter the dead body was sent for postmortem. The investigating officer also recovered blood stained and plain earth and after the conclusion of investigation, he submitted charge sheet against the accused, which is Ex. Ka -17. The case was committed to the court of Sessions and charges under sections 147,and 302/149 IPC were framed. The accused did not admitted the guilt and claimed trial.
(3.) IN order to establish its case, the prosecution examined Munnilal, PW -1, Hasmat Ullah, PW -2, Mahadev Dubey, PW -3, Ram Sahai, PW -4, Smt. Vimla, PW -5, Dr. V.L. Sahani, PW -6 and Jagdish Chandra Sharma, PW -7. Pw -1 Munnilal has supported the allegations made in the F.I.R. He deposed that prior to the present incident, the deceased Shivbalak had abducted the mother of the accused Mewaram and, therefore, accused wanted to take revenge from the deceased. The incident took place when Shivbalak was sitting under a pakar tree at the door of Kariman. The accused Ganga Ram carrying a gun, Angeera carrying country made pistol and the other accused who were not having any weapon reached there. They caught hold of Shivbalak, tied his hands with a rope and began to drag him towards west of the village. On hearing clamour, he himself, his mother and sister reached there and requested the accused to leave the deceased but they carried him towards mend of the plots belonging to Ram Pyarey and Yadunath. Angeera and Gangaram fired at the deceased and killed him on the spot.;