FARSAN AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal is at the instance of four accused namely Parsan, Bispat, Jhurrey and Mangrey who stand convicted and sentenced for the offence under Section 302/34 and 394 IPC for life imprisonment and seven years rigorous imprisonment respectively in Session Trial No. 449 of 1980, P.S. Umribegumganj, District Gonda vide judgment and order dated 15.10.1981 and 16.10.1981 passed by the IInd Additional Session Judge, Gonda. Both the sentences are to run concurrently.

(2.) INCIDENT narrated in the FIR is that on 07.12.1977 at 2.00 P.M. wives of accused Parsan and Jhurrey (real brothers) came at the house of Ramhet/complainant situated at Village Ghadi Manjhar, P.S. Umribegumganj, District Gonda and made complaint that his "calf" caused damage in their Ikh-crop field and they hurled abuses. Complainant stated that calf was of his brother and his father Paramhans also scolded them. On this they returned with a threat that they will send their husband to teach lesson to them. Shortly, thereafter all the four accused armed with lathis came there and hurled abuses and threatened them. Complainant and his father under their fear hid themselves and they did not come before them. They all left the place threatening them that they will chop the tongue of the Paramhans and kill him as and when he will meet them. In the same day mid-night i.e. on 07/08.12.1977, when Paramhans was sleeping in his house, Marah/Bathak all the four accused entered in the house having firearm, sickle, lathis, etc., with them. Three out of them i.e. Jhurrey, Mangrey and Bispat caught hold and pressed Paramhans and Parsan fired shot on him with country made pistol and Bispat given sickle below on his tongue. As usual lantern was glowing in Bathak as Paramhans was suffering with poor vision. On hearing the hue and cry of Paramhans and noise of shot fired members of family awoke. Complainant ignited the "Khari" as such, there was sufficient light and they challenged the assailants. Other villagers and neighbourers also assembled there. Accused persons threatened them on the point of pistol and other arms and they looted ornaments from the body of the sister of the informant namely Shivraji who also was there and saw the occurrence. Accused persons when were leaving the place, they were chased but they succeeded in escaping from there after entering in Arahar Crop field. Thereafter the family members found victim Paramhans in dead position having firearm injuries on right side of his chest to shoulder and on tongue also.

(3.) AS per prosecution case, injuries found on the body of the deceased resulting in his death were inflicted by the accused Parsan by firing shot with country made pistol when he along with other accused entered into the house of the complainant in the mid-night of 07/08.12.1977 (having firearm and deadly weapons like sickle) under a common intention to commit his murder and Bispat had also given below of sickle on his tongue and at that time rest three accused caught hold and pressed Paramhans for the purpose of chopping his tongue. As per prosecution case, lantern was glowing in the Bathak at the time of the occurrence. The same was hanged there as usual because Paramhans was suffering from poor vision and to help him if he awoke in the night. I.O. has also prepared the memo of this lantern Exhibit-Ka-2 and he has also noticed blackness at the place in the bathak where this lantern was hanging. As per prosecution case when complainant saw the accused persons there he also ignited the "khari", showing that there was sufficient light on the spot at the time of the occurrence in which assailants could be identified. I.O. has also collected the sample of Ash of Khari next day at the time of his inspection and prepared the memo of the same which is Exhibit-Ka-10 on the record. He has also shown the place in the site plan from where he had collected the "Ash" of "Khari". When he was inquired by the counsel for the accused in cross-examination whether he found the leaves of trees nearby the place of the occurrence were effected due to fire, he denied the same and explained that trees were at distance so these were not effected by this ignition of "Khari".