Criminal Appeal No. 184, 364, 548 of 2005. Case: 1. Ramesh and Anr., 2. Mani Ram, 3. Ram Kumar Vs State of Uttar Pradesh. Supreme Court (India)
| Case Number | Criminal Appeal No. 184, 364, 548 of 2005 |
| Counsel | For Appellant: Jaspal Singh, Sr. Adv., Imtiaz Ahmed, Naghma Imtiaz, Advs., Equity Lex Associates, P.N. Puri, Dhiraj and Reeta Dewan Puri, Advs and For Respondents: Pramod Swarup, Sr. Adv., Shail Kumar Dwivedi, Manoj Kr. Dwivedi, Vandana Mishra and Ashutosh Kr. Sharma, Advs. for Gunnam Venkateswara Rao, Adv. |
| Judges | V.S. Sirpurkar and Deepak Verma, JJ. |
| Issue | Indian Penal Code (45 of 1860) - Section 300 |
| Citation | AIR 2009 SC 2741, 2009 SCALE (11) 667, 2009 CriLJ 4432 |
| Judgement Date | August 25, 2009 |
| Court | Supreme Court (India) |
Judgment:
V.S. Sirpurkar, J.
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This judgment will dispose of Criminal Appeal No. 184 of 2005, Criminal Appeal No. 364 of 2005 and Criminal Appeal No. 548 of 2005. First mentioned Appeal has been filed by Ramesh, original accused No. 2 (A-2) and Ram Nath, original accused No. 5 (A-5), while the second mentioned Appeal has been filed by Mani Ram, original accused No. 3 (A-3). The last mentioned Appeal has been filed by Ram Kumar, original accused No. 1 (A-1). All of them were convicted for the offences under Section 302 read with Section 149, 147 and 148 of the Indian Penal Code (hereinafter referred to as "IPC" for short) by the IIIrd Additional Sessions Judge, Unnao. They were tried alongwith two other accused persons, namely, Swami Nath @ Swami Dayal, original accused No. 4 (A-4) and Ram Naresh, original accused No. 6 (A-6). Even these two accused persons A-4 and A-6 were also convicted alongwith the appellants herein, however, it is reported that Swami Nath @ Swami Dayal (A-4) has not filed any appeal, while Ram Naresh (A-6) is already dead. That leaves us with only the four accused persons.
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All the six accused persons originally faced a charge under Section 302 IPC. Appellants Ram Kumar (A-1), Mani Ram (A-3) and Swami Dayal @ Swami Nath (A-4) were tried substantively for the offence under Section 302 IPC on the allegation that they had committed murder of one Raj Kumar (deceased) on 24.10.1978 at about 5 p.m. near a well located to the south-east of the house of Pancham in Village Karia Khera, Police Station Kotwali, District Unnao. They were also alternatively charged with other accused for the offence under Section 302 read with Section 149 IPC. Some accused persons were also tried under Section 148 IPC and two of them, namely, A-5 and A-6 were tried for the offence under Section 147 IPC.
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The deceased Raj Kumar, who was about 24 years old, was the real brother of Prithvi Raj (PW-1), the complainant. They had two other brothers and five sisters. One of the sister is Daya Wati (PW-5), aged about 17 years at the time of the incident. Ram Kumar (A-1) and Ram Nath (A-5) are the real brothers, while Ramesh (A-2) is the son of their cousin. Excepting Mani Ram (A-3), all the accused persons were from a single family. There was some enmity between the family of the accused and the family of the deceased. There were number of murders. Ram Raj, who was one of the brothers of Prithvi Raj and Raj Kumar (deceased) was murdered on 12.6.1977. In that murder case, Prithvi Raj (PW-1) had named 7 assailants, out of whom one was Ram Naresh (A-6). In that case, deceased Raj Kumar was a witness. In the murder case of Ram Raj, the prosecution evidence was to begin from 6.11.1978, i.e., about 12 days after the incident, which took place on 24.10.1978. In short, there is a strong motive of enmity in between the accused party and the complainant party.
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It so happened that on the fateful day, i.e., 24.10.1978, Raj Kumar (deceased) went...
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