TRILOKI NATH Vs. STATE OF U P

JUDGEMENT

(1.) These appeals arising out of a common judgment and order dated 22nd April, 2004 passed by the High Court of judicature at allahabad in Crl. Appeal No. 660 of 1981 and Crl. Appeal No. 668 of 1981 were taken up for hearing together and are being disposed of by this common judgment. Criminal Appeal No. 1150 of 2004 is by Triloki nath, Krishna Chandra Singh, Shashi Kant and Sahdev (accused nos. 6, 5, 7 and 8 respectively). Criminal. Appeal Nos. 1173, 1172 and 1173 of 2004 are respectively by kunwar Prahald Singh (accused no. 1) , jitendra alias Mister (accused no. 2) and gopal (accused no. 3). One of the eight accused namely, Chhanga has not filed any appeal. background FACT:

(2.) The residents of village Devanand Pur had been performing "holika Dehan" for a long time on plot no. 399, which is said to be a banjar land. Kunwar Prahlad Singh became the owner of the said plot. He tried to enclose the said plot by a 'mend' (Fence). An objection thereto was raised by the villagers including Laxmi Shankar Srivastava (PW-3) ; a complaint wherefor was made pursuant whereto an intervention was made by the police. FIRs RELATING TO INCIDENT:

(3.) On the Basant Panchami day, the villagers allegedly fixed 'dhah' as a symbol of Holi on the said plot and started collecting fuel wood thereupon. On the said day at about 12 noon, Khuddey, PW-4 while going to the flour mill found the appellants herein removing the wood. The accused jitendra armed with a gun and the remaining accused armed with lathis were present. Khuddey, PW-4, servant of Laxmi Shankar srivastava. allegedly forbade them from doing so whereupon he was chased. Near the Hata of Pran, Laxmi Shankar Srivastava (PW-3) , Sahjadey Jeevanlal (PW-2) shabbir and other persons of the village arrived. Laxmi Shankar Srivastava allegedly had asked the accused as to why they have been chasing his servant. Triloki Nath exhorted his companions saying 'maro Sale ko' whereupon Gopal hurled a lathi blow on PW-3's head. Shashi Kant accused gave the second lathi blow on his wrist. Kunwar Prahlad Singh and Sehdev also assaulted him with lathis. Chhanga and krishna assaulted Sahjadey. Khuddey (PW-4) is said to have hurled lathi blow in defence of Laxmi Shankar Srivastava (PW-3). He thereafter raised hue and cry which attracted Nanhe (the deceased) , and others. Nanhe raised alarm saying that Lala (thereby meaning Laxmi Shankar srivastava) was being killed whereupon triloki Nath exhorted Jitendra asking him to kill him as he professes himself to be a great helper of Laxmi Shankar. Responding thereto jitendra fired a shot at Nanhe. He fell down and died.