CHANDRA BHAN Vs. STATE

JUDGEMENT

(1.) The appeal has been filed by Chandrabhan and Ram Sajiwan against the order and judgment dated 3-2-1979 of the Addl. Sessions Judge, Kanpur in sessions trial No. 406 of 1978 convicting them under Section 302/149 I.P.C. and sentencing each of them to life imprisonment for committing the murder of Ashok. They have further been convicted under Section 307/149, I.P.C. and sentenced to seven years' R. I. each for making the murderous assault on Dr. Bhanchandra, They have also been convicted under Sections 452 and 148 I.P.C. and sentenced to two years: R. I. and one year's R. I. respectively. All the sentences have been directed to run concurrently. The revision has been filed by Dr. Bhanchandra, the injured against both the accused persons for enhancement of their sentences.

(2.) The prosecution story, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows, There is a small town of Maitha within the police circle, P. S. Sheoli, District Kanpur, It has a railway station. Dr. Bhanchandra is a respectable citizen of that place. He is also a medical practitioner and was having good practice. He has a good residence there in the outer hall of which he was having his clinic. There was also a sub-post office in that very hall and Dr. Bhan Chandra was himself the sub-postmaster. Surya Bhushan Srivastava (P. W. 1) was the station master of the railway station Maitha. He war, posted there since August, 1976. The daughter of his real uncle was married to Dr. Bhan Chandra. His residence was at the railway station which was at a distance of about one hundred paces from the residence of Dr. Bhanchandra. Ram Sajiwan appellant was a constable there. About two and a half months prior to the occurrence, Ram Sajiwan had treated Sri Bhagwan Din Khushwaha an M. L. A. of that locality very badly at Maitha railway station. He had dragged him out of the train and had beaten him. Dr. Bhan Chandra had then gone to the railway station on getting that information and had reprimanded Ram Sajiwan. He being a public man had also publicly abused Ram Sajiwan strongly and a case was then brought against Ram Sajiwan with regard to that incident. When he was released on bail he went to Dr. Bhan Chandra about 25-30 days after that incident and had threatened him with dire consequences. Chandra Bhan appellant was an associate of Ram Sajiwan. He retired from the military where he was a sepoy. He then became a contractor of country-made liquor. He had good relations with the local police and under their protection he used to commit crimes. Dr. Bhanchandra being a public worker used to abuse him openly. Chandra Bhan's brother Amritlal was also a doctor. But he was not proving successful while Dr. Bhan Chandra had a very good practice. There was thus professional rivalry between the two families. Chandrabhan's residence was at a distance of about 60 paces from that of Dr. Bhanchandra. Once there was a quarrel between Chandrabhan appellant and Surya Bhushan Srivastava (P. W. 1), who was related to Dr. Bhanchandra, Surya Bhushan Srivastava (P. W. 1) as Station Master had detained at the station four bags of manure which Chunnilal, real brother of Chandrabhan appellant had brought there without paying freight. Chandrabhan appellant then arrived there and abused the Station Master and also threatened to beat him. That incident took place on 8-11-1977. The Station Master had then lodged a report with the G. R. P. to the effect that Chandrabhan appellant was a bully and he had apprehensions to his life and property from him. This happening was elicited in the cross-examination of Surya Bhushan Srivastava (P. W. 1). It is thus clear that the relations between Chandrabhan Yadav on one side and Dr. Bhanchandra on the other side were much strained.

(3.) On 10-5-1978 at about 7 p. m. when Dr. Bhan Chandra was sitting in his hall in which there was a sub-post office as well as his clinic and some patients including Mahngoo (P. W. 2) and Bhikha Ram (P. W. 3) were also sitting on a bench in that hall, Chandrabhan appellant armed with a gun and Ram Sajiwan armed with a country-made pistol along with three strangers, two of whom were armed with country-made pistols and one of whom had a hockey stick in his hand arrived there. On seeing them, Dr. Bhanchandra all of a sudden got up and raised an alarm. Ashok Kumar deceased who was in the adjoining room also arrived there, on hearing the alarm. Both the appellants then fired with their weapons. Ashok Kumar received gun-shot injuries as a result of firing by Chandrabhan and Dr. Bhanchandra received injuries as a result of firing by Ram Sajiwan. He also received an injury with the hockey stick which one of the miscreants had with him. Mehngoo (P. W. 2), Bhikha Ram (P. W. 3) and Khiali (not examined) who were inside the hall, went out raising alarm. Dr. Bhan Chandra grappled with the appellants. Chandrabhan then struck him with the barrel of his gun on his head. At that very time Ram Sajiwan fired another shot with his country-made pistol causing grazing injury on the cheek of Dr. Bhanchandra. All the miscreants then went away. They also fired in the air while they were going away. An amount of Rs. 296/- was kept on the table where Dr. Bhanchandra was sitting. That money was of the post office. That amount was found missing although there is no definite evidence that the same had been taken away by the miscreants. Many persons of the town then arrived there. Surya Bhushan Srivastava (P. W, 1) also received information that Dr. Bhanchandra and Ashok Kumar had received gun-shot injuries. At that very time 8 Dn. Toofan Express was to arrive. Maitha railway station was not the halting station for that train. The Station Master managed to detain that train. In the meantime, both the injured were brought to the railway station on cots. He took both the injured to Kanpur by that train. In the way he learnt some facts about the occurrence and also the names of the two appellants from Dr. Bhanchandra whenever he was in a state of consciousness and could speak, as both the injured had become unconscious. At Maitha railway station he had no time to enquire about the details of the occurrence. He took both the injured to U. H. M. Hospital, Kanpur where their injuries were examined by Dr. Girish Chandra Gupta (P. W. 5) on the same day, that is, 10-5-1978 at 9.35 p. m. and 9.50 p. m. The injury report of Ashok Kumar is Ext. Ka-2 while the injury report of Dr. Bhanchandra is Ext. Ka-3. The doctor found the following injuries on the person of Ashok Kumar: