Court No. - 43

Case :- CRIMINAL APPEAL No. - 3969 of 2003

Appellant :- Ram Prakash Lohar And Another

Respondent :- State of U.P.

Counsel for Appellant :- B.K. Tripathi

Counsel for Respondent :- Govt. Advocate

Connected with

Case :- CRIMINAL APPEAL No. - 5902 of 2004

Appellant :- Hemant Alias Hemat Lohar

Respondent :- State of U.P.

Counsel for Appellant :- B.K. Tripathi

Counsel for Respondent :- Govt. Advocate

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

1.

These two appeals are of the year 2003 and 2004 and arise

out of same FIR in Case Crime No. 284 of 2000, under Section

302/307/504/506 IPC read with Section 3(2)(v) SC & ST Act, Police

Station Khorabar, District Gorakhpur. The accused appellant Hemant

Lohar who has filed Criminal Appeal No. 5902 of 2004 is in custody

ever since 15.5.2000 and has by now undergone incarceration of

more than 22 years without remission and with remission his period

of incarceration would be more than 25 years. Similarly, accused

appellant Ram Prakash Lohar and Ram Autar Lohar were in custody

since May, 2000 and have been granted bail by this Court during the

pendency of appeal and have thus remained incarcerated for long.

All three accused in these appeals are real brothers.

2.

Two separate sessions trial have been conducted against the

three accused. Criminal Appeal No. 3969 of 2003 is filed by the

accused Ram Prakash and Ram Autar challenging the judgment and

order of conviction and sentence, dated 19.8.2003, passed by the

Special Judge (SC & ST) Act, Gorakhpur in Special Trial No. 186 of

2000 (State vs. Ram Prakash and another), whereby they have been

convicted and sentenced to life imprisonment under Section 3(2)(v)

SC & ST Act read with Section 302 IPC and also to undergo life

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imprisonment under Section 3(2)(v) SC & ST Act read with Section

307 IPC. The other Criminal Appeal No. 5902 of 2004 is filed by

accused appellant Hemant alias Hemant Lohar challenging the

judgment and order of conviction and sentence, dated 16.9.2004,

passed by the Special Judge SC&ST (P.A.) Act, Gorakhpur in Special

Trial No. 186A of 2000 (State vs. Hemant alias Hemant Lohar),

whereby he has been convicted and sentenced to life imprisonment

under Sections 302/34 and 307/34 IPC read with Section 3(2)(v) SC

& ST Act alongwith fine of Rs. 5000/-. In default of fine a year’s

additional imprisonment is provided. All the sentences are directed to

run concurrently.

3.

Prosecution case, in brief, is that the first informant’s sister

Sunita, the daughter of deceased, washerman by caste, had gone to

wash domestic utensils at the village pond in the evening where

Hemant Lohar reached and cracked filthy jokes using vulgar and

obscene words. She came home and narrated the incident to her

father who went to house of Hemant Lohar and complained to him

that he show same respect for his family as he had for his own. He

asked why he had misbehaved with his daughter. The accused

Hemant Lohar, Ram Prakash and Ram Autar started abusing him

using caste specific names. Ram Prakash and Ram Autar allegedly

caught hold of the deceased and Hemant started blowing knife upon

the deceased. On raising alarm the first informant Rajesh, nephew

Rajendra, cousin brother Santu and Awadhesh reached there, when

accused leaving the deceased attacked Rajendra with knife blows.

The accused after the occurrence left and confined themselves in

their home. A written report of the incident was given to police by

the first informant (Ext.Ka-1).

4.

After registration of FIR (Ex. Ka. 14) the investigation

proceeded. The Investigating Officer reached the spot and collected

bloodstained and plain earth. The inquest also followed. The inquest

witnesses were of the view that the deceased died due to stabbed

injury caused to the deceased. The postmortem of the deceased

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Puranmasi was conducted on 15.5.2000 and the autopsy doctor

opined the cause of death to be shock and haemorrhage due to

foll