DASHRATH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants Dashrath Singh and Raja Ram in these two appeals along with nine others stood trial in S.T. No. 495 of 1978 in the Court of the VIII Additional Sessions Judge, Kanpur. The incident giving rise to the prosecution, took place on 31.7.1977 at about 9 a.m. in the village of Daya Ka Purwa within the limits of Akbarpur police station. One Pratap Singh son of Gajraj Singh (PW4) was attacked with a kanta (a fork like pointed weapon with a wooden handle), inflicting injury on his head. After a surgery and prolonged treatment, he died on 6.9.1977 at the hospital. Three other persons on the prosecution side also received simple injuries in the course of the same incident. There were also injuries to five accused persons including one of the appellants Dashrath.

(2.) The learned Sessions Judge convicted the appellant Raja Ram for the offence under Section 302 on the finding that he caused the fatal head injury resulting in the death of Pratap Singh. Raja Ram was also convicted under Sections 148, 323 and 324 read with Section 149, IPC. The appellant Dashrath was convicted under Section 302 read with Section 34, IPC. He was also convicted for the offences under Sections 148, 323 and 324 read with Section 149. Other accused (who are not appellants before us) were convicted for various lesser offences. The two appellants were sentenced to life imprisonment in view of their conviction under Section 302.

(3.) On an appeal filed by all the convicted accused, the High Court at Allahabad, by the impugned judgment dated 16.2.2001 partly allowed the appeal. Four persons, who were not named in the FIR, were acquitted. The conviction of Raja Ram, one of the appellants herein, under Section 302, IPC as well as under other Sections was upheld. The conviction of the appellant Dashrath under Section 302 read with Section 34 was set aside. However, the High Court convicted him under Section 307 and sentenced him to five years R.I. for making an attempt on the life of Pratap Singh by firing from a pistol. His conviction under other Sections was upheld.