PARSAN 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.) After submission of the charge-sheet, learned Magistrate has taken cognizance in the matter and seeing the case under Section 302 IPC committed the same to the Court of Session for the trial of the accused persons. In the Court of Session, all the four accused were charged for the offence under Section 302/34 and 394 IPC but they pleaded not guilty and claimed their trial.