SATPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are four appellants in this appeal, namely, Satpal, Janeshwar, Virendra Kumar alias Pappu and Madan Pal. They have preferred this appeal against the judgment and order dated 31-10-80 passed by Sri Vishnu Chandra, the then V Additional Sessions Judge, Saharanpur in Sessions Trial No. 226 of 1980. Each of them has been convicted under Section 302 I.P.C. read with Section 34 I.P.C., 452 I.P.C. and 323 IPC read with Section 34 I.P.C. The sentence of life imprisonment has been awarded to each of them under Section 302 I.P.C. read with Section 34 I.P.C., two years' rigorous imprisonment under Section 452 I.P.C. and one year's rigorous imprisonment under Section 323 I.P.C. read with Section 34 I.P.C.

(2.) The incident took place on 6-3-80 at about 8.30 a.m. in the Gher of deceased Jai Prakash, situated in village Kuradi, Police Station Deoband, District Saharanpur. Jai Prakash was murdered in this incident and injuries were caused to the informant Santosh P.W. 1 - brother of the deceased. The report had been lodged by Santosh P.W. 1 by oral narration at Police Station Deoband on 6-3-80 at 5.37 p.m. The distance of the Police Station from the place of occurrence was about 5 miles. The prosecution case, as unfolded from the F.I.R. and evidence adduced in the Court, may be narrated thus: Jai Prakash deceased, Santosh P.W. 1 and the accused persons belonged to the same Khandan. In the evening of 5-3-80, Jai Prakash deceased and Santosh P.W. 1 were loading sugarcane in a trolley at their sugarcane field. Their wheat field was adjacent. He buffalo of Satya Pal accused started causing damage to their wheat field. They asked Satya Pal to keep the he-buffalo properly tied to prevent damage to their crop. Satya Pal took out the he-buffalo but exchange of hot words took place between him on one hand and Jai Prakash and his brother on the other. Satya Pal also held out a threat that he would see them in the village. On the next day at about 8.30 a.m., Jai Prakash and Santosh were sitting and smoking Hukka in their Gher where all the four accused persons came. Out of them, Madan Pal was armed with Balkati (a sharp edged weapon) while others were armed with lathis. They started assaulting Jai Prakash and Santosh with their respective weapons. At the start, it was Madan Lal who had given a Balkati blow on the head of Jai Prakash. In self-defence, Jai Prakash picked up an axe which he wielded. Santosh also picked up a lathi which he wielded in self-defence. An alarm was raised by Santosh which attracted Babu Ram PW 2, Brahm Datt and Rajendra who witnessed the occurrence and intervened. The accused then ran away. Jai Prakash had become unconscious at the spot itself. Santosh with the help of Babu Ram P.W. 2 took Jai Prakash to the hospital at Deoband. Both of them were medically examined by Dr. B. R. Kamal PW 3. The injuries of Jai Prakash were examined at 12 O'clock noon and those of Santosh at 12.30 p.m. As per injury report of Jai Prakash Ext. Ka-2 he had sustained the following injuries: 1. Incised wound 7.5 cm x 1/2 cm x bone deep on the right side of head 12 cm above from right ear, there was bleeding from wound. Margins were clean cut directed from upward to downward. 2. Lacerated wound 3 cm x 1 cm x scalp deep on front and left side of skull 6 cm above from left eyebrow. There was bleeding from wound.

(3.) Swelling 12 cm x 5 cm on right side of forehead and skull just above from right eyebrow, there was no mark of injury.