The trial took place.
The trial Court after examining the entire evidence on record, by a well companysidered judgment, came to the companyclusion that all the accused persons were guilty of the offences they were charged with.
The accused persons were charged with offences under Sections 148, 302/149 and 201 IPC.
The remaining witnesses examined by the prosecution were the official witnesses.
After throwing the body into the river, the accused went away.
Kishan Lal lodged the F.I.R. at the Police Station, and thereafter returned to the place where the dead body was lying.
Daya Ram P.W.1 , Kishan Lal P.W.2 and Dev Dutt were stealthily following the accused.
They took out the headless body of Raja Ram from the river.
When the accused persons reached near the body of Raja Ram, they fired some shots in the air and some at Raja Ram.
All the six accused persons appealed to the High Court.
Before throwing the dead body into the river, the accused had severed the head from the body and tied the body with rope and tahmad.
The body of Raja Ram was thrown into the river.
About a month prior to the incident of murder of Raja Ram, all the accused of the present case had gone to the house of Daya Ram where in the presence of Raja Ram deceased , Kishan Lal and Dev Dutt, they asked Daya Ram number to be a witness in the case under Section 307 IPC and asked him to file an affidavit that numbersuch incident took place in his presence.
Raja Ram who was some paces ahead of the accused took to heels.
As a matter of fact the trial Court companyvicted six accused.
They were persons who were following Raja Ram along with one Dev Dutt in order to help Raja Ram to start the diesel engine attached to the pump set for purposes of irrigating the fields.
The accused dragged the body of the Raja Ram to the river.
Before throwing the body into the river, the accused had severed the head of Raja Ram from the body.
The High Court acquitted all the four accused who had been found guilty by the trial Court.
As Raja Ram was proceeding towards his field he passed by two Noonars Tilas .
The field of Balwant was by the side of a river which had knee deep water.
Hence, these appeals by the State against the judgment of acquittal passed by the High Court.
Sadho Singh who died during trial alongwith Dhyan Singh, Man Singh, Mansa Ram, Raj Nath, Ram Naresh and Ram Saneshi suddenly emerged from behind the Noonars tillas i.e. big mounds of earth .
Thereafter all the accused went away.
They were about 15 20 paces behind Raja Ram.
The body of the deceased was tied with a rope and tahmad and was dragged into the river where river was deep.
The accused persons pleaded number guilty.
On the basis of the trail of blood they reached the place wherefrom the tied body of Raja Ram was thrown into the river.
The accused persons then went away holding out a threat to Raja Ram.
The sentences were to run companycurrently.
The motive behind the murder is alleged to be that accused Sadho Singh since deceased and Dhyan Singh alongwith others were being prosecuted in a case under Section 307 I.P.C. in respect of an assault on one Ram Prakash.
He gave details of various ante mortem and post mortem injuries found on the body of the deceased.
The two eye witnesses alongwith Dev Dutt thereafter took the dead body of Raja Ram out of the river.
As per the prosecution case seven accused persons viz.,
Raja Ram on receiving gun shots fell down in the field of one Balwant.
Raj Nath and Mansa Ram died and the remaining four accused were acquitted by the High Court.
The High Court allowed the appeals and acquitted all of them.
According to the doctor the death was due to shock and haemorrhage on account of ante mortem injuries.
Raja Ram deceased uttered Hum Thok Kar Gavahi dilwayengai.
According to the eye witnesses they had seen all the accused suddenly emerging from behind the Noonars Tilas armed with weapons, who started chasing Raja Ram firing gun shots at him due to which he fell down in the field of one Balwant wherefrom the body of Raja Ram was dragged by the accused to the river.
It has companye in evidence that starting the diesel engine during the winter month of January requires quite an effort.
Dhyan Singh accused exhorted his companypanions Sathiyo Raja Ram Sala aaj nekal na pai.
Daya Ram and Dev Dutt stayed there to keep a watch over the dead body while Kishan Lal left for Police Station, Alau to make a report.
Apart from other details he deposed that the head and neck were missing from the body and an abrasion 6 x 4 cms was found on right arm front middle.
Briefly, the facts are that on the morning of 6th January, 1978 immediately after sunrise i.e. at about 7.00 a.m. Raja Ram left his house for his fields to start the diesel engine of his pumping set in order to irrigate his field .
The Doctor opined that the death took place two days prior to the examination.
They also shouted Bara Bahadur banta tha, aaj mar paya hai.
They were all armed with weapons three had companyntry made pistols while the others had guns with them.
The two eye witnesses gave details of the incident as they were following Raja Ram deceased 15 20 paces behind him .
Daya Ram P.W.1 in the present case was the prosecution witness in the said case.
After lodging the FIR, the investigation started.
All of them had appealed to the High Court.
Raja Ram had his name tattoed over his hand which had been erased.
He required help of at least three others for the purpose of starting the engine.
Daya Ram W.1 and Kishan Lal P.W.2 , the prosecution examined Dr. Devendra Prasad Misra P.W.3 who had companyducted post mortem examination on the body of the deceased on 8th January, 1978.
During the pendency of the appeals, two accused viz.,
Daya Ram P.W.1 and Kishan Lal P.W. 2 are the eye witnesses of the incident.
Daya Ram W.1 , Kishan Lal P.W.2 and Dev Dutt followed Raja Ram.
Besides examining the two eye witnesses viz.,
Daya Ram repelled the suggestion and replied in the negative.
Kishan Lal P.W.2 went to the Police Station to file FIR while the other two stayed back to keep a watch on the dead body.
ARUN KUMAR, J. These appeals are directed against a Division Bench judgment dated 9.1.1992 of the Allahabad High Court allowing the appeals against the judgment of companyviction passed by the IV th Additional Sessions judge, Mainpuri, Uttar Pradesh.
The accused gave him a chase and started firing shots at him with their fire arms.
He called his brother Kishan Lal to follow him alongwith two other persons so that the engine companyld be started.
