DHARAMPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant and six others had appealed against their conviction and sentences passed against them by the learned Sessions judge, Meerut and confirmed by the Allahabad High court. The appellant had been sentenced to death for an offence under Section 302, 1. P. G. , for having caused the death of one Abhay Ram. He and the other accused had also been convicted and sentenced for various other offences. Against their conviction and sentence all the seven accused had asked for special leave to appeal against the judgment of the Allahabad High court. But this court, by its order, dated 4/08/1969 granted special leave to Dharampal, limited to the question of sentence alone and declined to grant special leave in respect of the others. The only point that arises for consideration in this appeal now relates to the question whether the sentence of death, passed against Dharampal, requires any modification.

(2.) In view of the limited question of sentence which arises for consideration, it is not necessary for us to elaborately go into the facts of the case. According to the prosecution, consolidation proceedings took place in the area concerned and the villagers had taken possession of vacant land in pursuance of the orders of the consolidation authorities. It so happened that plots originally belonging to one Mukhtayar Singh were taken possession of by Gurji, father of Dharampal. On the morning of April 18, 1968 the lekhpal, P. W. 4, had come to the village and demarcated the Bachat land by placing marks to denote its boundary. It is the case of the prosecution that as a result of the demarcation of the Bachat land, Gurji got lesser extent of land than was originally occupied by him. In consequence, Dharampal and the six other accused attempted to demolish the marks fixed by the Lekhpal with a view to extend the area of their land. This act of the accused led to an exchange of abuses. Mukhtayar Singh, Abhay Ram and certain others were sitting in their land and having a smoke and Chat. The appellant and his three brothers along with a friend of theirs, one Lakhi Ram who were also nearby at that time abused Mukhtayar Singh and others. Gurji, father of the appellant, and Sher Singh, the appellant's brother, who are also accused, came to the spot armed with Balkati, a sharp-edged weapon used for cutting sugarcane. Dharampal, along with four others who were with him went and came back to the spot armed with spears and lathis. The appellant and his two brothers Anup and Rampal, had spears. On coming to the spot, the appellant immediately inflicted a spear blow on the abdomen of Abhay Ram, as a result of which the latter fell down and died on the spot. There were certain others also who were injured, with whom we are not concerned.

(3.) Dr. Srivastava, who conducted the post-mortem, on the dead body of Abhay Ram, had found the following injuries :