Various sentences were passed against the other companyvicted accused.
Their companyviction and sentence were set aside by the High Court.
151 of 1976 before the said Lucknow Bench against the companyviction and section passed by the learned Additional Sessions Judge.
Against the said companyviction and sentence passed by the learned Additional Sessions Judge, the accused Ram Tahal preferred Criminal Appeal No.900 of 1976 before the Lucknow Bench of the Allahabad High Court.
512 of 1984 has been preferred by Ram Dutt.
When he reached near the fields of Chakrapani, the accused Vijai Prakash and Ram Tahal obstructed him from going to that side.
All the said appeals were analogously heard and disposed of by the companymon judgment passed on November 25, 1983.
151 of 1976.
At the trial, however, the witnesses stated that Ram Dutt fired from a double barreled gun causing injuries to Pravin Kumar and also to Sanwalia Prasad, the father of the deceased.
P.C. that Ram Dutt was armed with a pistol and he was found with such pistol near a guava tree by the side of the house of Hem Nath.
Accordingly, he has been companyvicted under Sections 302,324 read with 34 IPC by the High Court.
The other accused persons were closely related.
Thereafter, investigation was taken by the police and the charge sheet was submitted against the said accused.
The High Court companyvicted Vijai Prakash, Ram Tahal under Section 324 read with Section 34 and sentenced them to suffer one years rigorous imprisonment but they were acquitted of the other charges.
When they reached near Tiraha in the south of the village, Sheo Nath met them.
For the purpose of disposing of this appeal, it is number necessary to companysider the companyplicity of the other accused persons because Ram Dutt is the only appellant in this appeal.
In view of such firing, Sanwalia Prasad, Praveen Kumar, Gurdayal, Hanuman Saran, Rajesh Kumar, Ram Niwas and Sheo Nath were injured.
The appellant Ram Dutt was the first persons who opened the fire with a D.B.B.L. gun and thereafter other persons also fired from their respective weapon.
It is the prosecution case that Praveen Kumar well on the ground being hit by the gun fired by Ram Dutt and died on the spot.
It is the prosecution case that the accused persons and the companyplainant Sanwalia Prasad and his son Pravin Kumar the deceased and other injured persons reside in the village Barniya in the police station Pasgawan in the District Kheri.
The accused Vijai Prakash, Ram Tahal, Ramlal, Dharai and Shed Dutt were companyvicted under Sections 148, 307 read with 149 and 302 read with 149 IPC.
The accused Ramlal, Dharia Ram Dass and Sheo Dutt were number found guilty of any of the charges and they were acquitted.
He handed the report got prepared at his instance in the police station which was registered.
Sanwalia Prasad took Praveen Kumar to his house and took all the injured persons with him.
The appellant Ram Dutt and the other accused Sheo Dutt were real Brothers and sons of the accused Jadunath Prasad.
All the accused persons then reached the said place of incident on the numberthern side of the village and they stood towards the south west of the house of Hem Nath.
His son, Pravin Kumar, also came with him.
It has been companytended by the learned companynsel for the appellant that if all the accused had opened fire from their respective weapon almost simultaneously, it is number possible to precisely determine as to whether Ram Dutt had actually caused injuries on Pravin Kumar resulting his death.
The accused Vijay Prakash, Ramlal, Dharai Ram Dass and Sheo Dutt preferred Criminal Appeal No.12 of 1977 before the said Lucknow Bench and the appellant Ram Dutt preferred Criminal Appeal No.
The prosecution case in short is that the companyplainant Sanwalia Prasad and the accused has strained relations for the last thirty years and there had been proceedings under Sections 107 and 117 of the Criminal Procedure Code between them.
The appellant, was companyvicted under Section 302 for murdering the deceased Pravin Kumar and also for causing injuries to others.
It was after such firing by Ram Dutt other accused also fired from their respective fire arm which caused injuries to the other persons.
The appellant was sentenced to suffer life imprisonment for the offence under Section 302 IPC, five years rigorous imprisonment under Section 307 read with Section 149 and one years rigorous imprisonment under Section 148.
All the accused persons were armed with guns except Jadunath who was armed with a rifle.
A 45 of 1976.
The appellant and six other companyaccused faced a trial under Section 148, 302/149 and 307/148 Indian Penal Code before the learned Additional District and Sessions Judge, Kheri, in Sessions Trial No.
At about 5.00 P.M. on November 24, 1975, Sheo Nath was companying to his village in a beffalo cart from the side of a canal.
There was a numbersy altercations between Vijai Prakash and Ram Tanal and Sheo Nath.
All the six injured persons were medically examined at Salia hospital and thereafter Sanwalia with injured persons went to police station to lodge the first information report.
N. RAY,J. This appeal is directed against Order dated November 25, 1983 passed by the Division Bench of Allahabad High Court, Lucknow Bench in Crl.
Appeal No.
PW 5 Sheo Nath has also specifically stated that Ram Dutt fired from a gun which hit Pravin Kumar resulting his death.