SURAJ Vs. STATE OF UP

JUDGEMENT

(1.) Appellants Suraj and Hari Singh alongwith Shyam, Gulab and Baladin were put on trial for offence under Sections 302/149, 147 and 148 of the Indian Penal Code. Baladin died during the pendency of the trial. All of them were convicted for offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life by Judgment and Order dated 8th December, 1981 passed by the III Additional Sessions Judge, Hamirpur in Sessions Trial No. 201 of 1980. Shyam, Gulab and Appellant Suraj were also convicted under Section 148 of the Indian Penal Code and each of them sentenced to undergo two years rigorous imprisonment. Appellant Hari Singh was also found guilty under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. All the sentences were directed to run concurrently. All the convicted persons including the appellants herein preferred appeal before the Allahabad High Court which was registered as Criminal Appeal No. 3024 of 1981. Convicts Shyam and Gulab died during the pendency of appeal and their appeal had abated. However, appeal preferred by the appellants was dismissed by the Division Bench of the High Court by its Judgment and Order dated 12th May, 2004 passed in Criminal Appeal No. 3024 of 1981.

(2.) Aggrieved by the said, appellants have preferred this Appeal by Special leave to this Court.

(3.) According to the prosecution, on 29th March, 1980 at about 10 A.M., Smt. Sirawan (PW.1) along with her minor daughter, Dhanti (PW.3) and her husband Mansha (deceased) alongwith one Chitwa Chamar were going to harvest masur crop belonging to the deceased. When they were passing through a lane and came near Gurwahi Bakhari of Tulsi Dass, all the accused persons variously armed arrived there. Appellant Suraj was alleged to have been armed with farsa whereas Hari Singh was armed with lathi. Prosecution had further alleged that accused Baladin abused Mansha and exhorted to kill him. At this, all the accused persons including the appellants assaulted Mansha with farsa, lathi etc. On alarm being raised by Smt. Sirawan (PW.1), Dhanti (PW.3) and Chitwa Chamar, villagers including Swamidin (PW.2) collected at the spot and being challenged by them, the accused persons fled away from the place of occurrence. Smt. Sirawan (PW.1), Dhanti (PW.3) and Swamidin (PW.2) witnessed the accused persons including the appellant Suraj and Hari Singh assaulting Mansha with lathi and Farsa. According to the prosecution, while the informant, Smt. Sirawan (PW.1) was making arrangements of bullock cart for shifting her injured husband-Mansha, he died.