HEERA MANI TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This criminal appeal was filed by eight appellants (1) Hira Mani Tiwari (2) Sri Pal Singh, (3) Awadhesh Singh, (4) Tej Pratap Singh, (5) Yogendra Singh, (6) Surya Mani Tiwari, (7) Raja Ram Tiwari and (8) Satya Narain Dhar Dubey against the judgment and order dated 24-2-1992 passed by Sri R. R Singh, IInd Additional Sessions Judge, Mirzapur in Sessions Trial No. 349 of 1982 and 350 of 1982 which were tried together and had been consolidated, treating Sessions Trial No. 349 of 1982 as the leading case. They came to be decided by the impugned judg ment. All the appellants named above were convicted under Sections 302/149, IPC and 307/149, IPC. The appellants Hira Mani Tiwari, Surya Mani Tiwari, Sri Pal Singh, Raja Ram Tiwari and Awadhesh Singh were also convicted under Section 148, IPC and remaining of the appellants under Section 147, IPC the appellants Surya Mani Tiwari was further conviction under Section 25/27 of the Arms Act. The sentences passed against each of them were life imprisonment under Section 302/149, IPC and eight years rigorous im prisonment under Section 307/149, IPC. Those convicted under Section 148, IPC were further awarded rigorous imprison ment for two years and the years convicted under Section 147, IPC were awarded rigorous imprisonment for one year, Surya Mani Tiwari was awarded 'three years' rigorous imprisonment under Section 25/27 Arms Act. All the sentences were directed to run concurrently. The trial was held for the present eight appellants and seven others. One of those seven others, namely, Kailash Nath Pandey died during pendency of the trial and the case abated against him. The remaining six were ac quitted. One of the appellants. Hira Mani Tiwari died during the pendency of the appeal and as such the appeal has abated so far as he is concerned.

(2.) THE profile of the prosecution case, shorn of unnecessary details, may be set forth. THE informant was PW-1 Mahendra Singh. THE report was lodged by him regarding this incident on 23-11-1981 at 10. 50 a. m. at Police Station Pandari. All the accused were named therein. THE inci dent took place on 23-11- 1981 at about 8. 15 a. m. in village Bharpura. Police Sta tion Pandari, District Mirzapur. Partition of cultivatory plots between the informant PW-1 Mahendra Singh and his brother Virenedra Singh had taken effect earlier to the incident in question. Accordingly, plot No. 301 was also said to have been parti tioned. Virendra Singh gradually started selling the land that had fallen to his share and ultimately when three biswas of land of plot No. 301/1 remained with him, he sold the same in favour of the accused Hira Mani Tiwari, showing it as 5 biswas. Since only three biswas of the land was there at the spot in the share of Virendra Singh, Hira Mani Tiwari started making efforts to occupy the remaining two biswas of land from the share of P W-1 Mahendra Singh in which he had grown mixed crop of gram, barely, alsi and mustard. On the day preceding the date of occurrence. Hira Mani Tiwari threatened the informant that he would upturn the aforesaid crops. THE informant PW-1 Mahendra Singh told him that he would not allow him to do so unless the matter was settled through panchayat. On the day and the time of occurrence, the accused persons reached the spot armed with guns, revolver, spear, gandasa and lathis. THE appellants were alleged armed as detailed below. It may also be stated for the sake of clarity that on verbal information given by one Sharda Singh at the police station, local police had reached the spot prior to the lodging of the FIR by PW-1 Mahendra Singh and the appellants excepting Satya Narain Dhar Dubey were apprehended at the spot itself. Recoveries from the appellants are also detailed below: S No Name of the accussed Name of weapon recovered 1. Hira Manitiwari (now dead) Revolver, DBBL gun, 4 cartridges of revolver and 5 cartridges of gun. 2. Shri Pal Singh ADBBLgun and 5 cartridges 3. Surya Mani Tiwari SBBLgun and 4 cartridges 4. Raja Ram Tiwarigandasa 5. Awadhesh Singh Spear 6. Tej Pratap Singh Lathi 7. Yogendra Singh Lathi

(3.) IT was PW-4, Dr. K. A. Abbas who had conducted the post-mortem over the dead body of Bhagwat Singh on 24-11-1981 at 3 p. m. The following ante-mortem injuries were found on his person: (1) On circular firearm wound 1 cm x 1 cm x cavity deep upper the right nipple, margins of the wounds were inverted and blackening was present. (2) Lacerated wound 4 cm x 2 cm x muscle deep in the front of right upper arm. (3) Circular lacerated wound of entry 1. 5 cm x 1. 5 cm x cavity deep communicat ing with injury No. 1 margins inverted and lacerated. Death had occurred due to shock and haemorrhage as a result of ante-mortem injuries.