STATE OF UTTAR PRADESH Vs. MUNDRIKA

JUDGEMENT

(1.) The State of Uttar Pradesh has filed this appeal by special leave putting in issue the judgment of the High Court whereby Mundrika, Brindaban Mouria and Ram Asrey, the three accused respondents have been acquitted setting aside the conviction of Mundrika under Section 302 and the other two under Sections. 302/34, I.P.C. Brindaban Mouria, the accused respondent No. 2 had expired during the pendency of appeal in the High Court. Apparently it is a mistake, rather an act of carelessness to have impleaded him as respondent No. 2 in the memo of special leave petition.

(2.) The charge against the three accused persons related to the homicidal death of one Dharamdeo caused on 20-10-1982 at about noon in Village Raghunathpur, Police Station Harpur Budhat, District Gorakhpur. Smt. Kabutra, P.W. 1, is the mother of the deceased Dharamdeo. She had an agricultural land in village Raghunathpur wherein gram crop was sown at the time of the incident. On 19-10-1982, four persons namely Ori, Lachhan, Ragghu and Musafir were seen up-rooting the crop in the field of Kabutra which was objected to by her and her brother-in-law Shyam Lal. On 20-10-82 again Ori and Lachhan were seen up-rooting the gram crop of Kabutra and also ploughing into her field. Kabutra and Shyam Lal again protested. There was a scuffle. Mundrika threatened that the entire family of Smt. Kabutra would be finished and he would see the matter being settled through the police station.

(3.) Both the parties appeared to have lodged reports with the police station. Shambhu Singh, P.W. 5, with the help of a few police constables reached at the site of the dispute and found Dharamdeo, the deceased, his uncle Shyam Lal, Ori and one another exchanging hot words and grappling with each other. They were arrested under Section 151, Cr. P.C. and taken to the police station in a jeep. At or about 12.30 p.m. an entry was made in the general diary of the police station. The incident took place at a point of time when the persons, including Dharamdeo, brought to the police station were in the process of being sent to the police lockup from outside the police station. At that point of time Ram Asrey, the appellant, hit Dharamdeo with his hands from behind aiming at the head of Dharamdeo, as a result of which he fell down. Accused Brindaban instigated the accused Mundrika to strangulate Dharamdeo by his neck whereupon Mundrika pressed the neck of Dharamdeo causing his instantaneous death on the spot. A crowd had collected at the place of the incident. Some people in the crowd were shouting that Dharamdeo had an attack of epilepsy and some were shouting that Dharamdeo was killed. Gorakh Singh, P.W. 4, the Station Officer was taking his lunch while Shambhu Singh, P.W. 5, Sub-Inspector was busy in the office making some entries in the record. Both of them rushed out of the police station and found Dharamdeo lying on the ground. Dr. Ramesh Chandra, a nearby physician, was called who examined Dharamdeo and declared him dead. Information was given to the District Magistrate and the Senior Superintendent of Police inasmuch as Dharamdeo had died while he was in police custody. In- quest and usual investigation followed. At the end the three accused persons were charge sheeted and put up for trial. The trial Court hold the accused Mundrika guilty of offence under Section 302, IPC. The accused Ram Asrey and Brindaban Mouria were found guilty of an offence under Section 302/34, IPC. All the three were sentenced to imprisonment for life by the learned Session Judge. All the three appealed. As already stated, the accused Brindaban Mouria died during the pendency of the appeal and his appeal abated. The remaining two have been acquitted as in the opinion of the High Court the prosecution case was not proved to hilt.