V. P. Mathur, J. - (1.) THIS appeal is directed against the judgment and order passed by Mr. J. P. Semwal, the them Additional Sessions Judge, Almora, Camp at Ranikhet on 21-8-1978. The learned Judge convicted the appellants under sections 147, 148 and 302/149 of the IPC and sentenced each one of them to undergo rigorous imprisonment for two years under section 148 IPC and imprisonment for life under section 302 read with 149 IPC. He also noted that since section 147 IPC is covered by section 148 IPC hence no separate sentence under section 147 IPC is being passed. He made the sentences concurrent.
(2.) TWENTY nine persons in all stood trial before the learned Sessions Judge, vide Sessions Trial No. 2 of 1974. According to the prosecution version, how- ever, four persons had died at various stages of the case. They were Pan Ram, Bach Ram, Durga Ram and Kesh Ram. It is said that the occurrence tootle place near about 7-30 or 8-00 A. M. on 18-5-1972 in village Panuwadekhan Patti Talla Salt, pertaining to Patwari circle-Panuwadekhan Patti Tahsil Ranikhet, district Almora. It is also contended that while the male accused persons were all armed with lathis, the lady-accused appellants were armed with sickles and with the common object to deter deceased Mod Ram from ploughing the Plot no. 1969 and to dispossess him from the same by use of criminal force and in order to commit his murder, they all formed an unlawful assembly, assaulted Moti Ram while he was ploughing his field and committed his murder. Thereafter all the culprits are said to have gone to Moti Ram's house and there they looted one Gold Nath (nose ornament) of Moti's wife and cash amounting to Rs.600/- and also committed mischief by causing damage to his house to the extent of Rs.200/-. The admitted case is that ancestors of Moti Ram had come to settle in this village from out-side. Moti Ram's falser was gifted some land by his father- in-law in village Panuwadekhan. Moti Ram had married twice. Two sons Sagat Ram PW 2 and Kundan Ram were born of the first-wife. Second wife is Smt. Jbupli Devi PW 3 and Sheesh Rami and Bahadur Ram are sons from her. Moti Ram and his family belong to Orh l(mason) sub-caste of the Harijans. All other Harijans of the village belong to the sub-caste of the Harijan known as Chunera and they include the appellants as well as those persons who had been acquitted by the learned Sessions judge. There was litigation regarding of plot no. 1912, which now is plot no. 1969, between Moti Ram deceased on the one hand and Ghur Ram one of the accused on the other. This took place in 1958-59. The entire plot was in possession of Moti Ram. In proceedings under section 145 CrPC about 8 to 10 yards, area of this plot was, however, delivered in possession of Ghur Ram. Then Moti Ram filed a Regular suit in respect of this land and the Assistant Commissioner Pali, Ranikhet decided Revenue suit no. 1 of 1964-65 in favour of Moti Ram and the appeal filed by Ghur Ram was dismissed by the Deputy Commissioner, Almora. Then Moti Ram took out the execution and through Amin Khim Singh PW 8 he obtained possession of this portion of the plot on 6-5-1972. Documents Exts. Ka-10 and Ka-11 prove this fact and it is nor also disputed but is admitted by the accused appellants in their statements made in Court.
(3.) THIS occurrence took place just after 11 days of the delivery of possession to Moti Ram. Sagat Ram PW 2 who is the son of Moti Ram accompanied his father Moti Ram and bis step mother Smt. Jhupuli Devi and they all came to plot no. 1912 in village Tila Tok where they intended to sow Maduwa. They bad brought a pair of bullocks and a plough. Moti Ram started ploughing the field and Sagat Ram PW 2 and Smt. Jhupuli Devi PW 3 busied themselves in picking up stones from the field. Hardly a few cubits wide area had been ploughed when eight accused appellants namely (1) Mathura Ram, (2) Kashi Ram, (3) Sad Ram, (4) Gusain Ram, (5) Durga Ram, (6) Chandan Ram, (7) Sheesh Ram and (8) Jai Kishan Ram armed with lathis came there and asked Moti Ram to desist from ploughing. They were told that Moti Ram had already won the case from the court and had obtained possession through Amin and, therefore, he had a right to plough the land. While these exchanges were still going on, another batch of seven accused namely (1) Ghur Ram, (2) Soban Ram, (3) Bhim Ram, (4) Govind Ram, armed with lathis, and (5) Smt. Jaintuli Devi (6) Smt. Devki Devi and (7) Smt. Kanti Devi armed with sickles came on the spot. Thus, there was a group of fifteen accused who are the present appellants and they all demanded from Moti Ram the vacancy of the land. They asked him to unyoke his plough and when Moti Ram did not agree, Kashi Ram gave him lathi blow on his back. Simultaneously Jaikishan Ram gave him another lathi blow on his head, as a result of which Moti Ram fell down, then all the twelve male accused appellants attacked him with their lathis, while he was in fallen down condition it is contended that the female appellants, however, continued to exhort their male companions not to leave Moti Ram alive, without actually taking part in the marpit. While this marpit was going on, a third batch of 16 accused persons, who have all been acquitted by the learned Sessions Judge, consisting of (1) Faqir Ram, (2) Jai Nand Ram, (3) Govind Ram, (4) Pan Ram, (5) Prem Ram son of Bhawan Ram, (6) Gopi Ram, (7) Bach Ram, (8) Urba Ram, (9) Pan Ram son of Thepar Ram, (10) Bagi Ram, (11) Gusain Ram son of Lachan Ram, (13) Prem Ram son of Lacham Ram, (14) Durga Ram son of Charoar Ram, (15) Het Ram and (16) Sad Ram son of War Ram all armed with lathis came to the plot and joined in the assault with the other co-accused and exhorted them to kill Moti Ram and not to spare his life. All entreaties by Sagat Ram PW 2 and Smt. Jhupli Devi PW 3 failed and after killing Moti Ram, the accused persons left for his house exclaiming mat they have now to plunder the house and to destory it. Sagat Ram PW 2 and Smt. Jhupli Devi PW 3 followed them but when they reached near the house of the deceased, they were threatened by the culprits and hence they out of tear went to the house of Kundan Ram. From there, they heard the noise of the dismantling of the stones of the roof and after the accused had all left, Sagat Ram came to his house and his father's house and found that a damage to the extent of Rs. 200/- had been caused to the houses and his step mother's nose ring as well as Rs. 600/- in cash had been looted. Sagat Ram then scribed the report Ext. Ka-2 and sent it through his younger brother Bahadur Ram boy of 10-12 years of age PW 5 to his uncle Bach Ram PW 6 with a message about the murder of father and requested him to lodge the report with the Patwari, and bring him on the spot.;