KISHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE challenge in this appeal is the judgment and order dated 12.8.1998 rendered by the Special Judge/Additional Sessions Judge, Naintial In Sessions Trial No. 73/1996, whereby the accused Appellants Kishan Lal, Umesh and Chandra Pal were found guilty for the offence of Section 304 Part II read with Section 34 IPC and they were sentenced to undergo rigorous imprisonment for five years each.

(2.) THE incident occurred on 4.5/10.1995 at about 9.15 pm, when the informant Pratap Singh being the Secretary of Ram Lila Committee was busy in organizing the function of Ram Lila in his village. He was told by one Bhajan Lal that Jagdish, brother of Pratap Singh, has gone towards river side under inebriated state. Pratap Singh was not inclined to fetch his brother and told that he himself will return to home when the intoxication becomes ineffective. But Bhajan Lal expressed his keenness to see Jagdish. So on persuasion of Bhajan Lal, Pratap Singh along with Bhajan Lal, Heera Singh, Pooran Singh, Rakesh and Rewati Prasad went towards the river. They found that in the halfway, accused Kishan Lal, Umesh and Chandra Pal, resident of same village, were coming catching hold of Jagdish. Accused Chandra Pal gave a blow of kick on the chest of Jagdish in the witness of Pratap Singh and his other companions who were going to fetch the deceased from the jungle. At this, Pratap Singh commented "when you people are belabouring Jagdish in their presence, you certainly might have beaten him at the riverside". The accused persons replied in affirmative and threw challenge to Pratap Singh and others to do whatever they like and told that this Jagdish has touched the modesty of Smt. Phoolwati, wife of Kishan Lal. So, he has been belaboured by them. Pratap Singh and his companions got rid of Jagdish from the accused persons and sent him to his home. They returned to Ram Lila. After an hour, Smt. Vimla, wife of Jagdish, informed the informant Pratap Singh that Jagdish's physical condition has worsened. Hearing this, Pratap Singh, Pooran Singh, Kalyan Singh, Rewati Prasad, Ganesh and Heera Singh put Jagdish in a tractor trolley and brought him to Kashipur Government Hospital, where Jagdish breathed his last.

(3.) AFTER examination of the fact witnesses Pratap Singh (PW1), Bhajan Lal (PW2), besides formal witnesses Dr. P.N. Tandon (PW3), SI Shiv Kumar Tyagi, I.O. (PW4) and Constable Laxmi Chand (PW5), the accused persons were convicted by the trial court as stated above. Feeling aggrieved, the Appellants have preferred this appeal.