KHAR PATTU Vs. STATE

JUDGEMENT

(1.) The present seven appellants along with one another Hari Ram were put to trial in Sessions Trial No. 244 of 1984 before the Additional Sessions Judge, Ballia. The co-accused Hari Ram died during the pendency of the trial and the case against him abated. The present seven appellants have been convicted and sentenced by Sri S.K. Pandey, the then Additional Sessions Judge, Ballia by the judgment and order dated 6-8-1986. Out of them, Kharpattu, Dharam Deo, Ram Awadh and Satya Narain have been convicted under Section 148, I.P.C., 302 I.P.C. read with Section 149, I.P.C. 307, I.P.C. read with Section 149, I.P.C. and 323, I.P.C. read with Section 149, I.P.C. Each of them has been sentenced to undergo I1/2 years rigorous imprisonment under Section 148, I.P.C., life imprisonment under Section 302, IPC read with Section 149, I.P.C. 4 years' rigorous imprisonment under Section 307, I.P.C. read with Section 149, I.P.C. and six months rigo-rous imprisonment under Section 323 I.P.C. read with Section 149 I.P.C. Remaining three accused-appellants Mahangi, Harish Chandra and Lachhan Deo have been convicted under Section 147 I.P.C., 302 I.P.C. read with Section 149 I.P.C., 307 I.P.C. read with Section 149 I.P.C. and 323 I.P.C. read with Section 149 I.P.C. Each of them has been sentenced to undergo one year's rigo-rous imprisonment under Section 147, I.P.C. and for the remaining offences the sentences are similar as those awarded to the first named four accused-appellants. All the sentences have been ordered to run concurrently.

(2.) The profile of the prosecution case, shorn of superficialities, may be set forth. One Ram Awadh was murdered in this incident and four others namely, Govardhan. Shyam Bali, Jai Ram and Shyam Deo sustained injuries. The incident took place on 30-8-1984 at about 10.30 a.m. in village Bakrabad, Police Station Haldharpur, District Ballia. The distance of the Police Station from the place of occurrence was seven kilometers. The informant was PW 1 Ram Badan brother of the deceased Ram Awadh. There was dispute and enmity between the parties over Abadi land of plot No. 198 situate in the said village. All the accused appellants allegedly belonged to a clique or group.On the fateful day and time, they assembled on the Abadi land in question and started digging a hole in the ground to embed a hand pipe. Hari Ram (deceased) and the present accused-appellants Ram Awadh and Satya Narain were armed with Gandasas, accused appellants Kharpattu and Dharam Deo had spades and the remaining three Harish Chandra, Manhagi and Lachhan Deo had lathis. PW 3 Shyam Bali, Up Pradhan of the Gaon Sabha asked the accused appellants not to embed the hand, pump in the Abadhi land. An alteration ensued and the accused-appellants started assaulting PW 3 Shyam Bali. The shouts attracted PW 1 Ram Badan complainant, his elder brother Ram Awadh (deceased), their father Govardhan, PW 2 Dahari, Jai Ram, Dharam Deo son of Phaujdar and Ram Barai who tried to intervene. The accused appellants made repeated assaults on Ram Awadh with Gandasas and spades who fell down and died. Govardhan Shaym Bali, Jai Ram and Shyam Deo sustained injuries. On the lodging of such first information report by PW 1 Ram Badan at 12.30 p.m. on 30-8-1984 a case under Sections 147/148/149/307/302, I.P.C. was registered. The investigation followed which was taken up by PW 5 S.I. Abdul Qayum Khan. He reached the spot and prepared inquest report of the dead body of the deceased including other necessary papers. The site plan was also prepared by him and statements of the witnesses were recorded. Ultimately the accused appellants and Hari Ram (deceased) were charge sheeted.

(3.) Post-mortem over the dead body of the deceased Ram Awadh was conducted by PW 7 Dr. G.P. Tripathi on 31-8-1984 at 4 pm. The deceased was aged about 32 years and about one day had passed since he died. The following ante mortem injuries were found on his person. 1. Incised wound size 9 cm x 1 cm x whole thickness of cheek from left angle of mouth towards the left mandible. 2. Incised wound size 11 cm x 3 cm x bone deep from right ear downward along the right mandible. 3. Incised wound size 5.5 cm x 3.5 cm x bone deep on the forehead 2.5 cm above the root of nose.