NANDU VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This appeal has been filed in this Court by Nandu, Kalloo and Lalloo against their conviction under Section 302/34 IPC and Section 307/34 IPC to life imprisonment and consequent sentences of rigorous imprisonment for life and rigorous imprisonment for five years under the aforesaid counts. Both the sentences were to run concurrently.

(2.) THE brief facts of the case are that Dangar Yadav, elder brother of informant PW-1 Prithivi Pal and Smt. Gujarati Devi wife of the informant are residents of vil lage Samraha, P. S. Karchana, District Al lahabad. THE appellants, who are father and sons are resident of village Dubawal, P. S. Sarai Inayat District Allahabad. Be tween the two sides litigation was going on in connection with some plots of lands in Kachhar of village Leelapur. THE prosecu tion side successfully contested the case from the Court of Additional Commis sioner, Allahabad. THE incident of Marpit on 26th February, 1979 occurred between rival party at about 12. 00 O'clock. In this background it is alleged that the informant (PW-1) and his wife (PW-2) were engaged in harvesting their crops in Kachhar. Around noon Nandu, Kalloo and Lalloo armed with Gandasa, lathi and spear respectively reached the scene of occur rence and started be labouring Danger Yadav. Dangar Yadav raised an alarm. THE two witnesses PW-1 and PW-2, who were present in the vicinity, tried to save him but they were also assaulted by the above said accused persons. As a result of the assault launched by three appellants Dangar Yaday's journey of life came an end on the spot. PW-2 Smt. Gujarati also fell down in the field. An oral report of the incident was lodged at 5. 30 p. m. by Prithivi Pal (PW-1) at P. S. Sarai Inayat. After registration of the case as Crime No. 59 of 1979 the inci dent was investigated by Radhey Shyam Trivedi (PW-4 ). After completing the in vestigation he submit the charge sheet against these appellants.

(3.) IN support of its case the prosecu tion has led occular testimony of PW-1 Prithivi Pal, PW-2 Smt. Gujarati Devi and PW-3 Shiv Murat. Rest of the evidence is formal in nature. PW-7 and PW-8 are Medical Officers who had conducted the autopsy as well as medical examination of the injuries of two injured. Radhey Shyam Trivedi (P W-4) is the INvestigating Officer. Jagannath Prasad (PW-5) is Head Mohar-rir who had prepared check FIR and registered the case. Constable Rajmani Singh (PW-6) escorted the dead body of Dangar to mortuary.