LALJI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave by Lalji (23), Mahabir (45), Nar Singh (30), Paras Nath (27), and Ram Naresh (30) against the Court, judgment. of the Allahabad High Court affirming fin appeal the conviction and sentence of; the appellants. Lalji has been convicted under Section 304 Part I and Section 148 Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of ten years on the first count and rigorous imprisonment for a period of two years on the second count. Lalji has, in addition to that' been convicted far offenses under Section:324 read with Section 149, Section 325 read with Section 149 and Section 323 read with Section 140 and has been sentenced to undergo rigorous imprisonment for a period of two years, 2 l/2 years and one year respectively. Mahabir .Paras Nath and Ram Naresh have been convicted under Section 147, Section 304 Part I read with Section 149 Section 324 read with Section 149. Section 325 read with Section 149 and Section 323 read with Section 149 Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for a period of 18 months, five years, 18 months, 21/2:years and one year res" pectively. The sentences in the case of each of the appellants have been ordered to run coneurrently. Budhdhu (50) and Munni Lal (20) were tried along with the appellants. Munni Lal was acquitted by the trial court, while Budhdhu was acquitted by the High Court.

(2.) The appeal arises out of an occurrence which took place at 7 a.m. On March 29, 1965 in Nawagarh near village Shahpur Nawada at a distance of five miles from police station Chandauli in Varanasi district. As a result of that occurrence, Pancham (45) resolved fatal injuries and later died at 11 a.m. Injuries were also received by Nand Lal (PW 1), Munshi (PW 2), Jhuri (PW 3), Potan (PW 5) and Bhagat gan on the side of the complainant. On the side of the accused, Lalji, Mahabir, Paras Nath and Ram Naresh received injuries. Both parties rushed to the police station and lodged reports. On the side of the complainant, report was lodged by Nand Lal PW at 8.30 a.m. while on the side of the accused report was lodged by Mahabir at 8.35 a.m. On the basis of those reports, two cases were registered and both parties were sent up for trial. The trial court convicted the accused appellants and Budhdhu in the present case, and Nand Lal, Munshi Jhuri, Bhaggan and one Sheo in the cross case.

(3.) Lalji accused is the son of Budhdhu accused. Ram Naresh, Paras Nath and Nar Singh accused are the maternal uncle's sons of Mahabir accused.