KALLU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is 2 directed against the judgment and order dated 30 th of October 2001, passed by Addl. Sessions Judge, Roorkee, in Sessions Trial No. 28 of 1991, whereby said court has convicted accused / appellants Kallu, Shobha, Lala, Chhotan, Vedpal, Shyamlal, Brishpal, Jaipal and Ratiya under Section 323, 452, 302 read with Section 149 of the Indian Penal Code, 1860 (for short I.P.C.), and each one of them has been sentenced to fine of ' 1,000/- under Section 323 of I.P.C., rigorous imprisonment for a period of one year under Section 452 of I.P.C., and imprisonment for life under Section 302 read with Section 149 of I.P.C.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) It is a case of DOUBLE MURDER. Prosecution story, in brief, is that on 07.10.1997, one Kabadi (S/o appellant Shobha) of village Khata Khedi, molested a girl Bohari (D/o deceased Harchand) of his village. On 08.10.1987, a Panchayat was called, but no one turned up on behalf of Kabadi. On 09.10.1987, Harchand (deceased) gave an application to Addl. Superintendent of Police, Saharanpur, complaining about the incident. (Earlier Tehsil Roorkee was part of District Saharanpur). At 10:00 P.M. (on 09.10.1987), P.W. 1 Virendra along with his brother P.W. 6 Kali Ram, Harchand (deceased), and Kabool Singh (another deceased) were sitting in the house of Kabool Singh in 3 connection with preparation of his father Kanhaiya s TEHERVEE (the 13 th day last rite ceremony). There was a lantern lighting the room. At that point of time accused / appellants Kallu, Shobha, Chhotan, Vedpal, Lala, Jaipal, Shyamlal, Brishpal and Ratiya, all armed with LATHIES came there, and started assaulting the persons sitting in the house of Kabool Singh. Hearing the shouts many villagers, namely Ridka (P.W. 2), Sukkad, Raju (P.W. 3), Akhtar (P.W. 5) and others, came there. They tried to mediate but the accused / appellants did not stop and went on assaulting. Harchand and Kabool after receiving blows of LATHIES on their heads, fell down. In the incident, witnesses Manphool, Kali Ram (P.W. 6), Sunil Kumar (P.W. 13) also suffered injuries. P.W. 1 Virendra took the injured in a tractor trolley of one Khalil to Roorkee hospital, but Harchand succumbed to the injuries on his way to hospital. Condition of Kabool was also precarious, and he was referred to Chandigarh hospital. Some of the villagers, namely Manphool, Sunil Kumar (P.W. 13) and others, took dead body of Harchand back to the village, while others took Kabool to Chandigarh. But, he too died on the next day (10.10.1987) on his way to Chandigarh hospital.