KASHI PRASHAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court holding the appellant guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and Section 323 read with Section 34, IPC.

(2.) The appellant and his father Baldu had filed-the appeal before the High Court questioning the correctness of the conviction and imposition of sentence as done by the learned Sessions Judge, Hamirpur in Sessions Trial No. 287 of 1980. The appellants father Baldu died during the pendency of the appeal before the High Court and, therefore, the appeal stood abated so far as he is concerned.

(3.) The prosecution version as unfolded during trial is essentially as follows: Kali Charan, first informant (PW-1, his father Lachhi Ram (hereinafter referred to as the deceased) and his mother Smt. Ram Kunwar were returning after ploughing the land of Chandra Bhan with their bullocks on 28.7.1980 through the village pathway which was running from western to eastern side as shown in the site plan. The land of Pandit Laxman Prasad resident of village Mas Gaon is towards the northern side of the village pathway. This land was with the accused persons on share crop basis. On account of existence of mud on the village pathway, the bullocks of Kali Charan, first informant strayed into the field of accused Kashi Prasad. The accused persons became agitated on account of damage caused by the bullocks in their field and consequently they abused Kali Charan and his father Lachhi Ram. Latter took exception to it and asked the accused to refrain from abusing. Accused Kashi Prasad dealt the deceased-Lachhi Ram with a blow by a spear. Lachhi Ram fell on the ground. Baldu mounted an assault on the deceased with his lathi. Kali Charan also received lathi injuries. Kali Charan who was carrying a Khaulia used the same in defence of his father, as a result of which accused Kashi Prasad and Baldu received injuries. After making necessary arrangement, Lachhi Ram was put in a bullock cart but he took his last breath on way to police station Kharela. The dead body was taken to police station where a written first information report, Exh.Ka-2 was lodged by Kali Charan. The investigation was undertaken. The Autopsy Surgeon Dr. G.S. Pandey (PW-5) found the following ante mortem injuries on the body of the deceased-Lachhi Ram: