LALMAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal filed by the accused appellants from judgment and order dated 14th January, 1982 passed by Additional Sessions Judge Budaun in Sessions Trial No. 328 of 1980, State v. Lalman & Ors., convicting the accused appellants under Section 302 read with Section 34 IPC and Section 307 IPC and sentencing each of them to imprisonment for life and three years' rigorous imprisonment on each count for attempted murders of Kripal Singh and Ram Das and a fine of Rs. 1000.00 respectively thereunder making all the substantive sentences to run consecutively and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) BRIEF facts giving rise to this appeal are that at about 2.45 a.m. on 18th of May, 1980 Kripal Singh, the injured and son of deceased Kesari lodged an F.I.R. at police station Usehat situate at a distance of some 8 Kms. from village Dalel Nagar contending that some three years age Lalman had committed theft by uprooting 'Ghuiyan' crop from his field which resulted in quarrel and assault in between him and Lalman. Kripal Singh lodged a report of theft against Lalman at the police station and the latter lodged a report against the former regarding the incident of 'marpit' and since then Lalman and his brother Kehari and their cousin Karan started nursing grudge against Kripal Singh and his family members. Ordinarily Kripal Singh and his male family members used to sleep at their house in the village but for the last 2 -3 days since they had to irrigate their Ghuiyan crop they used to sleep at their field. During the night between 17th and 18th of May, 1980 Kripal Singh and his brother Ram Das and their father Kesari alongwith 'bataidar' Gulzari Lal and Hukmi were asleep in their field in front of the shanty and a lantern was lighted at the shanty close to their tube -well; that at about mid night time Lalman and Kehari armed with single barrel guns alongwith their cousin Karan with countrymade pistol reached there flashing torch at them and shouting that they would not leave them alive as they wanted to avenge themselves. Immediately, Lalman and Kehari each fired a shot with their respective guns at Kesari and as Kripal Singh and his brother Ram Das challenged them, Karan fired at them with countrymade pistol and Lalman and Kehari also fired at both of them. Hearing the outcry of the victims Parashuram who was sleeping in his nearby field, reached there flashing his torch and as Gulzari Lal and Hukmi reprimanded the miscreants the assailants threatened them with murder if they intervened as they had taken the revenge. Sustaining the fatal fire -arm injuries Kesari died on the spot instantaneously. Injured Kripal also mentioned in his written report that they had recognized the assailants well in the light of lantern and torches flashed and that on account of fear they had taken the dead -body of their father Kesari to their house from the scene of occurrence and kept at their house. The police registered a crime against the accused under Sections 302 and 307 IPC and made relevant entry regarding registration of the crime in the GD.

(3.) MEDICAL examination of Ram Das revealed multiple gunshot wounds varying in size from 0.3 cm x 0.3 cm x skin deep to 1.8 cm x 0.3 cm x skin deep on left back and right back lower 2/3rd and multiple gunshot wounds varying in size from 0.3 cm x 0.3 cm x skin deep to 0.5 cm x 0.3 cm on upper part of left buttock. His medical examination also revealed multiple gun shot wounds varying in size as stated above on right side buttock and left fore -arm. Injuries on left back lower 2/3rd and left buttock were kept under observation. The doctor opined that the injuries were caused by fire -arm and fresh in duration.