KANHAIYA PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Eight persons were tried in Sessions Trial No. 37 of 1980 before the III Additional Sessions Judge, Varanasi Sri D. N. Sharma. They were 1. Kanhaiya Pandey, 2. Chandra Bali Pandey, 3. Bachnu, 4. Ramjit, 5. Sarju, 6. Ram Charan, 7. Ganpat and 8 Chhedi Pandey. Learned trial Judge acquitted Bachnu and Sarju giving them benefit of doubt. However, by judgment and order dated 5-12-1980 he convicted and sentenced the remaining other accused-appellants named above. All of them have been convicted under Section 147, I. P. C. and 302, I. P. C. read with Section 149, I. P. C. Each of them has been sentenced to one year's rigorous imprisonment under Section 147, I. P. C. and life imprisonment under Section 302, I. P. C. read with S. 149, I. P. C. Both the sentences of each of them have been directed to run concurrently.

(2.) The victim of the offence was Nand Lal. The incident took place on 21-11-1979 at about 6.30 a.m. at the outskirts of village Kashipur Karahua, Police Station Rohania, District Varanasi. The first information report was lodged at Police Station Kotwali, Varanasi on 21-11-1979 at 4.30 p.m. which was taken down under Section 395/397, I. P. C. As the case related to the jurisdiction of Police Station, Rohania, the papers were transmitted there and the case was registered. The victim was alive by the time the report was lodged. The role of exhortation was assigned to the accused-appellants Kanhaiya Pandey and Chandra Bali Pandey, Ramjit and Ram Charan allegedly had lathis. Ganpat and Chhedi Pandey were alleged armed with pieces of bamboos divided from the middle. Bachnu and Sarju (acquitted) were armed with spear and gandasa respectively. The prosecution case was that all of them formed an unlawful assembly, common object of which was to rob Nand Lal Pandey and to commit his murder. All of them were residents of Kashipur Karahua, Police Station, Rohania, District Varanasi. The deceased Nand Lal Pandey was married to the daughter of Ram Surat who was also a resident of the same village. The deceased used to live in the aforesaid village at the house of his father-in-law and looked after his cultivation. After the death of Ram Surat Pandey the deceased Nand Lal Pandey got the property of his father-in-law. Sri Dhar Pandey- father of the accused-appellant Kanhaiya Pandey and Ram Surat Pandey aforesaid were real brothers. The accused-appellant Chandra Bali Pandey was the Pattidar of the accused-appellant Kanhaiya Pandey. The accused-appellant Chhedi also belonged to their family. All the accused-appellants allegedly belonged to one group. The accused-appellant Kanhaiya Pandey and his Pattidar were annoyed of the deceased Nand Lal Pandey owing to his having got the property of his father-in-law.

(3.) On 21-11-1979 at about 6.30 a.m. the deceased Nand Lal Pandey was proceeding from village Kashipur Karahua to village Nariya on a bicycle to attend his duty as a teacher. After covering a distance of nearby one furlong he reached near a Jamun tree situated towards the north of the village. There he was accosted by the accused-appellants who were armed as detailed hereinabove. The accused-appellant Kanhaiya Pandey and Chandra Bali Pandey exhorted their confederates to kill Nand Lal Pandey. All of them chased him upto a distance of about 200 yards and he was then assaulted by them with their respective weapons. An alarm was raised by him. Chunni P. W. 2 who after easing himself in the field of Raj Narain was tying his Dhoti, Nikhaddi Ram P. W. 3 and several other persons arrived at the scene of occurrence. The accused persons then ran away after injuring Nand Lal and relieving him of his wrist watch and Rs. 1,000.00 that he had with him. Nand Lal who was in injured condition was then taken to S. S. P. G. Hospital, Varanasi by his son Kamal Deo. There he got written report Ex. Ka 1 scribed by Rajendra Prasad P. W. 1 who took the same to Police Station, Kotwali where he handed it over at 4.30 p.m. As we mentioned earlier, the papers were subsequently sent to the concerned Police Station, Rohania. S. I. Aditya Giri, P. W. 8 of Police Station, Rohania took up the investigation and reached S. S. P. G. Hospital where he learnt that Nand Lal had succumbed to his injuries. The statements of the witnesses were recorded. The dead body of the deceased was sent for post-mortem after preparation of inquest report and other relevant papers. The spot was inspected by him and he engaged himself in other activities relating to the investigation. Ultimately, chargesheet was submitted against the accused-appellants.