The Sessions Judge after recording the evidence in the case and companysidering the same was of the opinion that the prosecution case was extremely doubtful and was, therefore, number proved.
This unfortunate case in which two innocent persons have lost their lives and one was abducted for being murdered appears so be an outcome of a serious and long standing enmity between the appellants and the deceased and P.W. Jeet.
It was also alleged by the prosecution that at the time of the occurrence a lantern was burning in the house of Jeet and the villagers also had electric torches which they were flashing off and on and it was in the light of the objects that the with nesses of the prosecution had Identified the appellants.
Not companysent with this the appellants decided to wreak vengeance by killing the deceased and injuring Jeet and others.
2, 3 and 9.
Ram Swarup Ahir and Raj Kumar and others assaulted Babu with ballam and banka on a company where he was sleeping with the witness Jeet.
It was only after the accused left with the companypses and Debi Sahai in a block cart that the villagers organised search parties in order to find out the place where the dead bodies had been kept or Debi Sahai was companyfined.
Thereafter the sate filed an appeal before the High Court which differed from the view taken by the Sessions Judge as it was of the opinion that the judgment of the Sessions Judge was perverse and unreasonable and the inference drawn by the Sessions Judge were number legally sustainable.
These appellants were prosecuted for the murder of Angnoo Ahir in which Babu Debi Sahai appeared as prosecution witnesses.
The accused pleaded innocence averred that they had been falsely implicated due to the previous enmity particularly because Jeet had attempted to get some of the accused involved in a murder case, but they had been acquitted.
This is deposed to by P.W. 2 and P.W. 9.
One of the accused Raj Kumar was absconding so his trial was segregated and is still pending.
Ram Swaroop Chamar further assaulted P.W. 8 with a ballam on the chest.
This circumstance is proved by P.Ws.
The appellants Sone Lal, Ram Swaroop Chamar, Ram Swarup Ahir, Sheoram and Dularey have been companyvicted under Section 302/149 Indian Penal Code and sentenced to life imprisonment and to various terms of imprisonment under Sections 147, 148, 323/149, 324/149, 307/149, 364/149 and 201, I.P.C. The companyviction and sentences imposed on the appellants are detailed in the judgment of the High Court and need number be repeated here.
Suffice it to say, that on the night between 15/16th November, 1966 the appellants variously armed with Banka, Ballam, Gun lathi raided the house of P.W. 9 Jeet of Lachchi Khera, assaulted him and killed two of his sons, namely, Rampal and Babu.
8 and 9.
Hence this appeal before this Court.
He accordingly acquitted all the accused.
These injuries were caused by Sine Lal who was armed with a ballam which was undoubtedly a sharp edged weapon.
The case however ultimately ended in the acquittal of the appellants.
Sheo Ram pushed Prabhawati as a result of which she fell down and sustained injuries which have open proved by the doctor.
This circumstance is proved by P.Ws, 2 and 3.
The High Court accordingly reserved the acquittal and companyvicted and sentenced the appellants as indicated above.
On an alarm being raised a number of persons from the neighboring village arrived at the scene of occurrence but so desperate were the accused that they kept these persons at bay and did number allow them to interfere with the nefarious act perpetrated by the accused.
Similarly, it has been proved that Sone Lal and Ram Swaroop Chamar scaled over the wall and climbed to the place where Rampal was sleeping and assaulted him with banka and ballam.
Angnoo was murdered and a report regarding his murder was lodged by Debi Sahai on 7.8.64 against Sone Lal, Ram Saroop Chamar, Raj Kumar and others.
Thereafter Sone Lal and Raj Kumar brought Debi Sahai and put him in the bullock cart as deposed to by P.Ws.
A detailed narrative of the prosecution case is companytained is the judgment of the companyrts below and it is number necessary for us to repeat the same all over again.
Sone Lal assaulted P.W. 9 with kicks and fists and Ram Swaroop Chamar inflicted blows with a ballam on him.
The appellant Sheo Ram who was armed with a gun was the Bahnoi sisters husband of Sone Lal.
Murtaza Fazal Ali, J. This is an appeal under the provisions of the Supreme Court Enlargement of Criminal Jurisdiction Act and Section 379 of the CrPC, 1973.
They also abducted Debi Sahai and carried Debi Sahai along with the companypses of the deceased Babu and Rampal in a Bullock cart with a view to dispose of the dead bodies and obliterate all traces of the murders.
This is proved by P.Ws.
