RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this Appeal preferred under Section 374 (2) of the Code of Criminal Procedure (in short, 'the Cr. P. C. '), the judgement and order dated 18. 02. 1982 passed by the 4th Addl. Sessions Judge, Etah in S. T. No. 24 of 1982 (State Vs. Ram Naresh and others) has been challeng ed, whereby convicting the appellant-accused Ram Naresh under Section 364, 302, 323 read with Section 34 of the Indian Penal Code (in short, 'the I. P. C. '), he has been sentenced to undergo rigorous imprisonment for ten years, impri 0sonment for life and two months' rigorous imprisonment respectively and further convicting the appellant-accused Rameshwar @ Collector under Section 364, 302 and 323 both read with Section 34 I. P. C. , he has been sentenced to undergo rigorous imprisonment for ten years, imprisonment for life and two months' rigorous imprisonment respectively and also further convicting the appellant-accused Suleman under Section 364, 302 read with Section 34 I. P. C. and Section 323 I. P. C. , he has been sentenced to undergo rigorous imprisonment for ten years, imprisonment for life and two months' rigorous imprisonment respectively. All the sentences have been directed to run concurrently.

(2.) THE incident resulting in the death of Pooran s/o Ram Dayal and abducting the complainant Ram Larhetey @ Taini and causing injuries to him occurred in the intervening night of 9/10-08-1981 at about 1. 30 a. m. in village Nagla Kothi situated within the limits of P. S. Patiali, District Etah. The First Information Report was lodged at P. S. Patiali on 10. 08. 1981 at 10. 00 a. m. by the complainant Ram Larhetey @ Taini s/o Mulu Ahir resident of village Nagla Kothi.

(3.) THE case of the prosecution, as appearing from the First Information Report Ext. Ka-2 and statement of the complainant Ram Larhetey (P. W. 2), in brief, is that about 5-6 days ago, a theft was committed in the house of Chandra Pal Singh, cousin brother of the complainant. This theft was committed by Ram Naresh and Rameshwar @ Collector of village Nagla Kothi and Suleman resident of village Mohni Gali. The written report of that theft was scribed by Latoori Singh, brother of the complainant, due to which the accused Ram Naresh, Rameshwar and Suleman felt annoyed and one day before the instant incident, they had declared that they have to see Latoori. When the complainant said that his brother is not at fault, the accused persons had threatened him also. It is alleged that in the intervening night of 9/10-08. 1981, when the complainant Ram Larhetey was sleeping in his house in front of chhappar and his father was also sleeping adjacent to him, the accused Ram Naresh and Rameshwar @ Collector armed with guns and Suleman along with one unknown person having lathies in their hands came in the gher of complainant at about 1. 30 a. m. in the night and flashed torch lights, due to which the complainant and his father awakened. The accused persons inquired from the complainant and his father about Latoori, on which his father told that Latoori has gone to Aliganj. The complainant being assured that the accused persons have come in search of his brother, began to shout loudly, on which the accused Ram Naresh said that "yah sala bahut shor machata hai, ise hi bandh lo. " When the accused persons caught hold of the complainant, he tried to rescue, on which Suleman and unknown person gave lathi blows to him. Thereafter, all the four accused persons catching hold of Ram Larhetey brought him on the road from the Gher. On hearing the noise, Pooran, his brother Bansuri Baj (P. W. 3), Than Singh and some other persons having lathies came there flashing torch lights. When the accused persons began to carry Ram Larhetey forcibly towards southern side of Village, Pooran Nat said that, "iski koi galti nahi hai, ise kyon liye ja rahe ho. " On this, the accused Ram Naresh exhorted to shoot Pooran saying, "yeh sala bahut hamdard banta hai, is sale ko goli mar do. " Thereafter the accused Ram Naresh himself fired shot on Pooran from gun. Having sustained injuries, Pooran rushed away towards the gali. Thereafter, all the accused persons carried Ram Larhetey towards the Banjara locality. On hearing hue and cry, Chokhey, Pooran, Kanhai and Ram Swarup came from Banjara locality raising noise and flashing torches. On arrival of these persons, Ram Larhetey rescued himself from the accused persons and fled away towards his village. When the complainant came to his village, he found Pooran lying in injured condition under Labherha tree. He was alive at that time, but when arrangement of bullock cart to carry him to the police station was being made, he succumbed to the injuries early in the morning at the time when the cock cries.