- (1.) The aforesaid appeals are directed against the common judgment and order dated 22.12.1981 passed by the learned Vth Additional Sessions Judge, Shahjahanpur in S.T. No. 204 of 1981 arising out of case Crime No. 117 of 1981, under Sections 147, 148, 149, 302, 201 and 120-B I.P.C., police station Tilhar, district Shahjahanpur whereby the appellants Ram Saran, Puttu and Ram Bharosey of the Criminal Appeal No. 146 of 1982 have been convicted under Section 148 I.P.C. for one year rigorous imprisonment, under Section 302/149 I.P.C. to undergo imprisonment for life and under Section 201/149 I.P.C. For two years rigorous imprisonment. The appellants Ved Pal and Rishi Pal of the connected Criminal Appeal No. 472 of 1982 have been sentenced to undergo one year rigorous imprisonment under Section 147 I.P.C., under Section 302/149 I.P.C. to undergo life imprisonment and under Section 201/149 I.P.C. for two years rigorous imprisonment. All the sentences were directed to run concurrently. The co-accused Radhey who has not been found guilty of offence punishable under Sections 147, 302/149 and 201/149 I.P.C. has been acquitted by the trial court.
(2.) During the pendency of the appeal the appellants Ram Saran, Puttu, Ved Pal and Rishipal have expired and as such the appeal stood abated against them vide order dated 24.9.2012 and 5.8.2014. Now the sole appellant Ram Bharosey on whose behalf Sri Rahul Mishra, Advocate assisted by Sri Raghuvansh Mishra has appeared is mooting his argument.
(3.) The prosecution case emanating from the oral first information report lodged by Chhotey Lal in respect of an incident occurred at sunset on 2.3.1981 that the appellant Ram Saran was in inimical terms with his cousin Ram Swaroop. Ram Saran has a factory (Karkhana) in village Chandokha. Ram Swaroop had also started construction of the wall for his own factory (Karkhana). Ram Swaroop had also installed a muller (Chakki) and some other machines prior to the occurrence and had applied for electric connection and also got a boring done. He had purchased materials to run the machines prior to the occurrence. This did not find favour with the accused Ram Saran and his family members as it would effect his business. This fact was divulged by Ram Swaroop to the complainant that Ram Saran is trying to eliminate him hence the complainant asked him to be careful from them. One co-accused Radhey who was collateral of accused Ram Saran was residing in village Chandokha since last three years behind the Karkhana of Ram Saran and was in latter's good book. Police had also recovered rifle from Ram Bharosey on account of which Vaish community was annoyed and Ram Saran who belonged to Vaish community suspected that Ram Swaroop was instrumental for the recovery of rifle hence they all were nurturing grudge against Ram Swaroop. On account of this enmity at the time of sunset when Ram Swaroop was returning from his field towards his house, Ram Saran's relative co-accused Radhey was following him having lathi and as Ram Swaroop reached near the well to the east of 'Talab' and at the corner of the house of Beni Dhanuk, Ram Saran and his brother Puttu armed with gun and his another brother Rishi Pal, Ved Pal @ Vajpayee armed with lathi, Ram Bharosey having Kanta came out from their house surrounded Ram Swaroop. Firstly Ved Pal and Rishi Pal with lathi and Ram Bharosey who was wielded with Kanta started assaulting him, Ram Swaroop on receiving injuries fell down and thereafter other accused persons, namely, Puttu and Ram Saran had made three fire upon him. On scream Ram Swaroop's brother Ratan came to his rescue then all the accused persons had also assaulted Ratan and fired. Both were killed by them instantaneously at the spot. Prema wife of the deceased Ram Swaroop, Mishri, Bhangi, Nanku Dhobi and Natthu Singh arrived there the complainant along with the persons who reached there, exhorted all the accused persons, at this Ram Saran retorted that they have killed two persons and have sufficient means to kill four more persons. As they had pointed their gun towards them, the complainant and others could not move from there and remained standstill while all the accused persons carried away in front of their eyes the dead body of Ram Swaroop towards east in jungle. The murder was planned at the instance of co-accused Radhey who had informed the accused persons and had taken the deceased with him from his field. The complainant had left the dead body of Ratan with the wife of the deceased Ram Swaroop and brother Puttu besides various other villagers went to police station to lodge the first information report for appropriate action be taken against the accused persons. The oral first information report lodged at about 10 P.M. on the same day i.e. on 2.3.1981. The distance of the police station from the place of occurrence was about six miles.;