BHAGWAT AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) By the judgment impugned dated 27th September, 1983, learned VII Additional Sessions, Gorakhpur recorded conviction of accused-appellants Sri Bhagwat, Ram Kripal Yadav and Ganesh alias Khaderu Yadav for an offence punishable under Section 302/34 IPC and awarded sentence to undergo life imprisonment. Accused-appellant Lalji Yadav has been convicted for an offence punishable under Section 302 IPC and is sentenced to undergo life imprisonment. Conviction of all the accused above-named have also been recorded under Section 307/34 IPC and for that they have been sentenced to undergo three years rigorous imprisonment.

(2.) The appellant no. 1 (Sri Bhagwat) and appellant no. 4 (Ganesh alias Khaderu Yadav) died during the pendency of this appeal and their appeal stood abated. Currently the appeal of appellants no. 2 (Lalji Yadav) and appellant no. 3 (Ram Kripal Yadav) survives for hearing.

(3.) The prosecution case, as set-out in the first information report, is that Shyama Yadav (P.W.-2) submitted a written report (Ext. Ka-2) at P.S. Belipar on 06.07.1982 at 12.15 noon asserting that earlier he had a land dispute with the accused Sri Bhagwat, which was decreed in his favour. On the fateful day, i.e., 06.07.1982 at about 08.00 AM, the informant was fixing a peg on the same land. At that time Bhagwat came and stared arguing. The informant went to his house. At about 11.00 AM, the informant, his brother Nityanand, cousin Ayodhya and maternal uncle Sheo Pujan were sitting in the Osarey (xxx xxx). Father of informant Kashi Yadav was sitting on the Gulamgaddi. At that time, accused Sri Bhagwat, his son Lalji Yadav and Ram Kripal and Khaderu son of Suryabali came there holding country made bombs (hereinafter referred as ''bomb') in their hands. Upon exhortation of the accused Sri Bhagwat, accused Lalji Yadav hurled a bomb, which hit Kashi Yadav on his chest. He fell down. The maternal uncle and informant took shelter behind the pillars and Nityanand and Ayodhya went inside the house. Upon raising of alarm and the sound of blast of bomb, villagers Ramdeo, Ram Adhar and several others reached the place of incident. Each accused appellants then hurled a bomb, however, no one was injured. It was then asserted that on account of bomb injuries, the father of the informant died. The incident was witnessed by many persons apart from the appellants. Out of fear, the informant and persons did not chase the accused. The dead body of the father of the first informant lay at the place of incident.