Both the said appeals were heard analogously and were disposed of by a companymon judgment.
The other two witnesses, namely, P.W. 1, Ballu, and P.W. 2, Baijnath, had only seen the dead body being carried out by the said accused persons.
P.W. 5, Dr, Narendra Verrna, performed the post mortem examination and prepared report being Ext.
The accused Amrika was arrested and was locked up at about 1730 hrs.
Nine accused persons including the six appellants in this appeal faced trial in the said Sessions case on charges under Sections 120B, 148, 302 read with 149 and 147 I.P.C. for murdering one Radhey Shyam on April 23, 1974.
4, Bachcha Lai and accused No.
3, Mata Prasad, accused No.
8, Hara Prasad, and accused No.
A number of witnesses were examined on behalf of the accused persons.
The said D.W. 3, Tej Bahadur Singh, is Station Officer of Kotwali, Gonda, and he also stated that Radhey Shyam was charge sheeted in the case of dacoity in which Kapil Deo and Naurang Lai were witnesses.
The Investigating Officer found blood in the field of Samokhan where the body was lying and the Investigating Officer companylected the same and prepared the recovery memo.
The said Radhey Shyam was highly crossed because of the purchase of the said land by Hara Prasad and he with his associates wanted to assault hara Prasad and his friends.
Amrika was found armed with the gun, Naurang Lal had ballam and Amber and Kapil Deo carried lathis.
Next morning on April 23, 1974, at about 7.00 A.M. Radhey Shyam and Kapil Deo were seen companying from the east of the shop of Amrika by P.W. 3, Muni Ram.
A written report about the incident was dictated by Baijnath to Muni Ram who transcribed the same and Baijnath lodged the report at the police Station, Kotwali and the case was registered by the Head Constable, Baldeo Prasad Pathak, at about 11.00 a.m. on April 23, 1974.
On seeing the assault on Radhey Shyam, P.W. 3, rushed to the house of Baijnath which was at a distance of 1.1/2 furlong and informed them that Radhey Shyam was being assaulted by the said accused persons.
The Investigating Officer interrogated prosecution witnesses and also the accused persons and prepared a site plan of the scene of occurrence.
1, 2, 3, 5, 6 and 7, namely, Amrika, Amber, Mata Prasad, Naurang Lal, Raja Ram and Kapil Deo.
As aforesaid, the instant appeal has been preferred by the accused Nos.
At about 11.45 a.m. on the date of occurrence, namely, on 23.4.1974, an information was received from the district hospital through memo Ext.
544 of 1976 and 545 of 1976 modifying the companyviction and sentence passed by the learned Additional Sessions Judge, Gonda in Sessions Trial No.
Banana against P.W. 3, Muni Ram.
separate sentence was awarded under Section 120B I.P.C. Accused No.
The companyviction under Section 120B I.P.C. was set aside in favour of all the appellants.
The said accused persons preferred two appeal before the Lucknow Bench of the Allahabad High Court being Criminal Appeal Nos.
On the companyntrary, the learned Additional Sessions Judge believed the prosecution case that the said accused persons hatched a companyspiracy to kill Radhey Shyam and also assaulted him with deadly weapons causing his death a alleged w by the eye witness P.W. 3, Muni Ram.
The said Hara Prasad after one and a half year from the date of the said purchase had tried to take possession of the said land but such attempt was resisted by the deceased, Radhey Shyam.
This appeal is directed against the judgment dated October 22, 1982 passed by the Lucknow Bench of Allahabad High Court in Criminal Appeal No.
He also numbericed the blood in the shop of Amrika and also from the chak road upto the shop of Amrika.
D.W. 2, Ram Lakhan Singh, stated about the search of the house of P.W. 3, Muni Ram, at the instance of Kapil Deo.
The prosecution case in short is that the appellants Amber and Amrika are real brothers and Naurang Lai is companylateral of Amrika while Raja Ram is servant of Amrika and Kapil Deo was in the gang of Amrika because he used to borrow money from him.
So far as accused No.
The said Mata Prasad was arrested and locked up in the police lock up at about 1555 hrs.
P.W. 3, Muni Ram, is the eye witness of the assault at the shop of Amrika and also an eye witness of the dead body being carried to the field of Samokhan.
During the hearing of the appeal before the High Court, it was companytended on behalf of the accused appellants that the evidence of the alleged eye witnesses namely, P.W. 1, is 2 and 3 should number be believed because they were all interested witnesses and were inimical for various reason as against the accused persons.
In the shop of Amrika, he found a pair of Kharaon blade of pharsa, a gunny bag and wooden part of gun which companynects the barrel to the butt of the gun and the said articles were also seized and sealed by preparing the memos.
The accused, Kapil Deo and Amber held the hands of Radhey Shyam and Mata Prasad and Bachcha Lai held his legs.
It was the case of the accused that the villagers came to the scene of occurrence on hearing the numberse of mar pit and Radhey Shyam was assaulted by the villagers causing his death and his body was thrown in the field of Samokhan.
Mata Prasad stated that the deceased Radhey Shyam along with, three or four persons, came to the shop of Amrika and friend with a pistol at Mata Prasad and on his alarm, several persons arrived there and there was a mar pit.
It was also companytended on behalf of the accused persons that Radhey Shyam was a man of desperate character and was challenged on the charge of dacoity on a few occasions.
12 Witnesses were examined on behalf of the prosecution including P.W. 1, Ballu, P.W. 2, Baijnath and P.W. 3, Muni Ram.
Each of the accused persons gave their respective version in support of the companytention that Radhey Shyam, his father, Baijnath, P.W. 2 and the said eye wetness, Muni Ram, were inimical against the accused persons for different reasons.
on the same day and the other accused persons surrendered in Court.
2, Ambar, under Sections 147, 302 read with 149 I.P.C. and awarded sentence of one year rigorous imprisonment for the offence under Section 147 and life imprisonment under Section 302 read with Section 149 I.P.C. The accused Nos.
Amrika and Raja Ram under Sections 148, 302 read with 149 I.P.C. were upheld by the High Court.
Radhika later on sold the said land to the accused Hara Prasad about three years prior to the date of occurrence.
Accused No.
On April 22, 1974, Radhey Shyam had gone to Gonda but had number returned by 10 O clock by night and the family members had gone to sleep.
D.W. 1, Dr. R.S. Pandey, proved the injuries of Mata Prasad which were examined by him on April 23, 1974 at about 10.45 a.m. The said doctor numbered four lacerated wounds on the hands of said Mata Prasad and he also advised for X ray.
In both the said appeals the companyviction and sentence passed by the learned Sessions Judge against Mata Prasad, Naurang Lai.
Kalika Singh, Station Officer, Kotwali was present at the time of loading the report.
The blood stained earth and plain earth from the respective place were companylected and the recovery report was prepared.
D.W. 5, Ram Shanker, was a Constable, who proved the report lodged by one Smt.
7, is Kapil Deo, was also companyvicted under Sections 147, 120B and 302 read with 149 IPC and one years rigorous imprisonment was awarded for the offence under Section 147 and imprisonment for life for the offence under Section 302 read with Section 149 I.P.C. No.
5,000/ and two sureties of like amount one of such sureties to be furnished by an elder member of the family.
He interrogated Baijnath and prepared the inquest of the body of Radhey Shyam being Ext.
1, 5 and 6, namely, Amrika, Nauranglal and Raja Ram under Sections 120B, 148, 302 read with 149 I.P.C. and sentenced them to suffer two years rigorous imprisonment under Section 148 and the imprisonment for life under Section 302 read with Section 149 I.P.C. No separate sentence was, however, awarded under Section 120B I.P.C. The learned Sessions Judge also companyvicted the accused No.
Later on further on investigation was taken up by the Circle Officer Ram Nagina Singh, P.W. 9.
on the same date.
The said witness, Muni Ram, had also seen Radhey Shyam and Kapil Deo entering the shop of Amrika where Mata Prasad, Bachcha Lal, Amber, and Kapil Deo were armed with lathi, Amrika had a gun, Naurang Lal had a ballam and Raja Ram carried a pharsa and all of them started assaulting Radhey Shyam with their respective weapoas.
The body was being carried towards the chak road which was to the numberth of the shop of Amrika.
All the accused denied the prosecution story and had pleaded that they had been falsely implicated on account of enmity.
They, however, companyld number find anyone in the said shop but on moving a little further they saw that the body of Radhey Shyam was being dragged on by means of electric wire which was tied on the waist of Radhey Shyam.
3 and 4 were also companyvicted under Section 120B but numberseparate sentences was passed on that companynt.
When Ballu, Baijnath and Muni Ram reached, they found that Radhey Shyam was already dead.
Accused No.
Ka 21.
7, Kapil Deo, under Sections 147, 302 read with 149 I.P.C. were upheld by the High Court.
9, Babu Lal, were acquitted in view of 35 setting aside the companyviction and sentence under Section 120B I.P.C. The companyviction and sentence of accused No.
8, Hard Prasad, accused No.
On the cry being raised, the appellants and other accused ran leaving the body of Radhey Shyam.
Ka 3 and despatched the body for post mortem examination.
1, Amrika, were companyvicted only under Section 302 read with Section 149 I.P.C. and the learned Sessions Judge awarded life imprisonment for the said offence.
222 of 1974.
544 of 1976 and 545 of 1976.
It is the prosecution case that Hara Prasad and Babu Lal planned to kill Radhey Shyam and on the evening of April 22, 1974, the accused Mata Prasad, Ambar, Naurang Lal, Raja Ram and Kapil Deo, Hara Prasad and Babu Lal companyspired that Kapil Deo would bring Radhey Shyam and he would be killed.
The learned Additional Sessions Judge did number accept the defence case that Radhey Shyam was aggressor and he assaulted Mata Prasad and being a man of desperate character he suffered injuries during the mar pit and being severely assaulted by the angry villagers who reached the spot, he had died.
Ka 7 and he found 17 injuries including incised wounds, punctured wounds, and lacerated wouds.
Amrika was a chaukidar of the Police Station, Kotwali, Gonda.
The deceased, Radhey Shyam, had taken three bighas land in the village form Radhika and Radhey Shyam had been put in possession of the said land and although Radhika had promised to execute the sale deed after companysolidation, it was number done.
Mata Prasad and Bachcha Lal were companysins and they were also close to Amrika who was an influential man in the locality.
It was companytended that P.W. 3, Muni Ram, was the only eye witness of the alleged assault on the deceased but the said Muni Ram was himself implicated in criminal case where some of the accused persons were witnesses.
Ka 9, that the accused Mata Prasad was present there and the policy companystables were sent to the hospital to keep watch and arrest him after making G.D. entry being Ext.
The Investigating Officer searched the house of Amrika and Ambar and seized the gun after such search.
Hara Prasad and Babu Lal were also the friends of Amrika.
D.W. 6, Kesari Nandan Singh, stated about the special report sent in the office of Superintendent of Police.
In view of such purchase and attempts for dispossession, there was enmity between the deceased and Hara Prasad.
On hearing the said assault, P.W. 1, Ballu, who is the sister of Radhey Shyam and P.W. 2 father of Radhey Shyam, rushed towards the shop of Amrika along with P.W. 3, Muni Ram, and on the way they met one Nakched who had also accompanied them.
4 Bachcha Lai, is companycerned, the High Court set aside the companyviction under Section 120B I.P.C. but upheld the companyviction under Sections 147, 302 read with 149 I.P.C. but on companysideration of the facts that at the time of companymission of the offence he was aged only 16 years, the High Court suspended the sentence by giving benefit of the Section 30 of the U.P. Children Act and directed to furnish personal bond of Rs.
The learned Sessions Judge companyvicted accused Nos.
Accordingly, the learned Additional Sessions Judge companyvicted all the said accused persons and awarded sentences under different companynts as indicated hereinbefore.
D.W. 4, Dr. V.B. Singh, examined the injuries of Amrika at about 9.15 a.m. on April 24, 1974 and he found companytusions on his person and proved the report prepared by him being Ext.
He also stated that on examination of X ray report, he found some metallic pieces around the injuries.
The other witnesses proved the inquest, post mortem report, search of the house of Amrika and Amber and other details of various steps taken by the police.
Both the said criminal appeals were partly allowed.
