The companyviction under Section 120 B IPC was set aside in favour of all the appellants.
Ka 3 and despatched the body for postmortem examination.
The said accused persons preferred two appeals before the Lucknow Bench of the Allahabad High Court being Criminal Appeal Nos.
The body was being carried towards the chak road which was to the numberth of the shop of Amrika.
Accused 8 Hara Prasad and accused 1 Amrika were companyvicted only under Section 302 read with Section 149 IPC and the learned Sessions Judge awarded life imprisonment for the said offence.
As aforesaid, the instant appeal has been preferred by accused 1, 2, 3, 5, 6 and 7, namely, Amrika, Amber,Mata Prasad, Naurang Lai, Raja Ram and Kapil Deo.
The said Mata Prasad was arrested and locked up in the police lock up at about 15.55 hrs on the same date.
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.
DW 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.
At about 11.45 a.m. on the date of occurrence, namely, on April 23, 1974, an information was received from the district hospital through memo Ext.
The companyviction and sentence of accused 7 Kapil Deo, under Sections 147, 302 read with Section 149 IPC were upheld by the High Court.
They, however, companyld number find anyone in the said shop but on moving 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.
The Investigating Officer searched the house of Amrika and Ambar and seized the gun after such search.
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 PW 3 Muni Ram.
The accused, Kapil Deo and Amber held the hands of Radhey Shyam and Mata Prasad and Bachcha Lai held his legs.
Later on, further investigation was taken up by the Circle Officer Ram Nagina Singh, PW 9.
Hara Prasad and Babu Lai were also the friends of Amrika.
Mata Prasad stated that the deceased Radhey Shyam along with three or four persons came to the shop of Amrika and fired with a pistol at Mata Prasad and on his alarm, several persons arrived there and there was a mar pit.
544 of 1976 and 545 of 1976 modifying the companyviction and sentence passed by the learned Additional Sessions Judge, Gonda in Sessions Trial No.
The said Hara Prasad after one and a half years 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.
When Ballu, Baijnath and Muni Ram reached, they found that Radhey Shyam was already dead.
Mata Prasad and Bachcha Lai were companysins and they were also close to Amrika who was an influential man in the locality.
222 of 1974.
The other two witnesses, namely, PW 1 Ballu and PW 2 Baijnath had only seen the dead body being carried out by the said accused persons.
Accordingly, the learned Additional Sessions Judge companyvicted all the said accused persons and awarded sentences under different companynts as indicated hereinbefore.
DW 2 Ram Lakhan Singh stated about the search of the house of PW 3 Muni Ram at the instance of Kapil Deo.
The said Radhey Shyam was highly cross because of the purchase of the said land by Hara Prasad and he with his associates wanted to assault Hara Prasad and his friends.
The said DW 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 Lal were witnesses.
The other witnesses proved the inquest, postmortem report, search of the house of Amrika and Amber and other details of various steps taken by the police.
Ka 21.
All the accused denied the prosecution story and had pleaded that they had been falsely implicated on account of enmity.
The said witness Muni Ram, had also seen Radhey Shyam and Kapil Deo entering the shop of Amrika where Mata Prasad, Bachcha La, Amber, and Kapil Deo were armed with lathis, Amrika had a gun, Naurang Lai had a ballam and Raja Ram carried a pharsa and all of them started assaulting Radhey Shyam with their respective weapons.
On hearing of the said assault, PW 1 Ballu, who is the sister of Radhey Shyam and PW 2 father of Radhey Shyam, rushed towards the shop of Amrika along with PW 3 Muni Ram, and on the way they met one Nakched who had also accompanied them.
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 eyewitnesses, namely PWs 1, 2 and 3 should number be believed because they were all interested witnesses and were inimical for various reasons against the accused persons.
He interrogated Baijnath and prepared the inquest of the body of Radhey Shyam being Ext.
Amrika was found armed with the gun, Naurang Lai had ballam and Amber and Kapil Deo carried lathis.
Kalika Singh, Station Officer, Kotwali, was present at the time of lodging the report.
The bloodstained earth and plain earth from the respective places were companylected and the recovery report was prepared.
In the shop of Amrika, he found a pair of Kharaon blades 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.
544 of 1976 and 545 of 1976.
Accused 8 Hara Prasad and accused 9 Babu La, were acquitted in view of setting aside the companyviction and sentence under Section 120 B IPC.
It was companytended that PW 3 Muni Ram was the only eyewitness 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.
A number of witnesses were examined on behalf of the accused persons.
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.
On the cry being raised, the appellants and other accused ran leaving the body of Radhey Shyam.
In view of such purchase and attempts for dispossession, there was enmity between the deceased and Hara Prasad.
It is the prosecution case that Hara Prasad and Babu Lai planned to kill Radhey Shyam and on the evening of April 22, 1974, the accused Mata Prasad, Ambar, Naurang Lai, Raja Ram and Kapil Deo, Hara Prasad and Babu Lai 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.
He also stated that on examination of X ray report, he found some metallic pieces around the injuries.
Ka 9 that the accused Mata Prasad was present there and the police companystables were sent to the hospital to keep watch and arrest him after making D. entry being Ext.
DW 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.
The Investigating Officer interrogated prosecution witnesses and also the accused persons and prepared a site plan of the scene of occurrence.
He also numbericed the blood in the shop of Amrika and also from the chak road up to the shop of Amrika.
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.
Amrika was a chaukidar of the Police Station, Kotwali, Gonda.
PW 5 Dr Narendra Verma performed the postmortem examination and prepared a report being Ext.
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.
Radhika later on sold the said land to the accused Hara Prasad about three years prior to the date of occurrence.
Each of the accused persons gave their respective version in support of the companytention that Radhey Shyam, his father, Baijnath, PW 2 and the said eyewitness Muni Ram were inimical to the accused persons for different reasons.
Both the said appeals were heard analogously and were disposed of by a companymon judgment.
Ka 7 and he found 17 injuries including incised wounds, punctured wounds and lacerated wounds.
DW 5 Ram Shanker was a Constable, who proved the report lodged by one Smt Banana against PW 3 Muni Ram.
Both the said criminal appeals were partly allowed.
So far as accused 4 Bachcha Lai is companycerned, the High Court set aside the companyviction under Section 120 B IPC but upheld the companyviction under Sections 147, 302 read with Section 149 IPC 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 Section 30 of the U.P. Children Act and directed to furnish personal bond of Rs 5000 and two sureties of like amount one of such sureties to be furnished by an elder member of the family.
The Judgment of the Court was delivered by RAY, J. This appeal is directed against the judgment dated October 22, 1982 passed by the Lucknow Bench of the Allahabad High Court in Criminal Appeal Nos.
The deceased, Radhey Shyam, had taken three bighas land in the village from 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.
On April 22, 1974, Radhey Shyam had gone to Gonda but had number returned by 10 oclock at night and the family members had gone to sleep.
On seeing the assault on Radhey Shyam, PW 3 rushed to the house of Baijnath which was at a distance of 1 1/2 furlongs and informed them that Radhey Shyam was being assaulted by the said accused persons.
Nine accused persons including the six appellants in this appeal faced trial in the said sessions case on charges under Sections 120 B, 148, 302 read with Sections 149 and 147 IPC for murdering one Radhey Shyam on April 23, 1974.
PW 3 Muni Ram, is the eyewitness of the assault at the shop of Amrika and also an eyewitness of the dead body being carried to the field of Samokhan.
In both the said appeals the companyviction and sentence passed by the learned Sessions Judge against Mata Prasad, Naurang Lai, Amrika and Raja Ram under Sections 148, 302 read with Section 149 IPC were upheld by the High Court.
DW 6 Kesari Nandan Singh stated about the special report sent in the office of Superintendent of Police.
Twelve witnesses were examined on behalf of the prosecution including PW 1 Ballu, PW 2 Baijnath and PW 3 Muni Ram.
The accused Amrika was arrested and was locked up at about 17.30 hrs on the same day and the other accused persons surrendered in companyrt.
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.
