ANOKHEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The seven appellants in these appeals and one Mahadev Prasad Pandey were placed on trial before the learned Additional Sessions Judge, Mathura. Against the appellants common charges under Sections 120-B, 148, 302/149, 307/149, and 454, I.P.C. and against Mahadev Prasad Pandey charges under Sections 302/109 and 307/109, I.P.C. were framed. A separate charge under Section 302, I.P.C. was also framed against the appellant Anokhey Lal. On conclusion of the trial the learned Judge, while acquitting Mahadev Prasad, convicted all the appellants under Sections 148 and 324/149, I.P.C. and further convicted Anokhey Lal under Section 302, I.P.C. For each of their convictions the appellants were sentenced to suffer rigorous imprisonment for two years and Anokhey Lal was sentenced to imprisonment for life for his conviction under Section 302, I.P.C. The sentences were directed to run concurrently. Against the above judgment two appeals were filed; one by the appellants assailing their convictions and the other by the State against their acquittal of the other charges. The High Court dismissed both the appeals and affirmed the judgment of the High Court. Hence these appeals.

(2.) According to the prosecution case on March 27, 1975 at or about 6.30 A.M. the appellants, armed with deadly weapons, raided the house of Gopal and appellant Anokhey Lal thrust a spear on the chest of Makhan, brother of Gopal, felling him down. On hearing the hue and cry raised by Makhan, Ram Dayal, Gopal and Ram Krishan case there and they were also attacked by the appellants by their respective weapons. Finding no other alternative, when Gopal started throwing brick-bats towards the appellants and Ram Dayal and Ram Krishan started beating them with small dandas they fled away.

(3.) Makhan, who was seriously injured, was taken to police station along with the other injured by Giriraj, his elder brother, and there he (Giriraj) gave a written report of the incident, on the basis of which a case was registered against the appellants. Since the condition of Makhan was grave he was immediately sent to Mathura Hospital while the other injured were sent to local Government dispensary. Makhan, however, did not respond to the medical treatment given to him at the hospital and succumbed to his injuries within an hour.