MINDHAI Vs. STATE

JUDGEMENT

(1.) MINDHAI, Liladhar and Ram Prasad, real brothers inter se, residents of village Mandaiyan Jolpur, police station Patwai, district Rampur have been convicted under Section 304 read with Section 34 IPC. MINDHAI and Liladhar have been sentenced to undergo R1 for 4 .years and a fine of Rs. 250/-. Ram Prasad has been sentenced to undergo RI for 2 years and a fine of Rs. 100/.

(2.) THE occurrence took place on 1-6-1976 a little after sun rise in village Jolpur. In this occurrence Ishwari, aged about 45 years, nephew of Vidhya Ram (PW 1) was assaulted. As a result of the injury received he died on the spot. Report of the occurrence was lodged verbally by Vidhya Ram at 8,30 A. M. at the police station, which is 5 miles away. R. S. Yadav, Station Officer (PW 6) entered upon investigation.

(3.) IN the year 1975, the Government had decided to give land for cultivation to landless labourers. IN that connection Mitthan Lal Pradhan (P. W. 5) executed a Patta of some land Ex. Ka 2. on 29-12-1975 to Ishwari, The Lekhpal carved out the pieces of land from the main plots on a map, which were approved by the SDM. On 17-5-1976 Lohri Charan Lekhpal (PW 4) went to the spot and delivered possession. According to the prosecution, Ishwari was given possession on plot no. 372/2. It appears that the entire plot no. 372 was in actual cultivation of the appellants for the last about 7-8 years. Consequently, on 1-6-1976 the three appellants were ploughing the entire plot including the portion allotted to Ishwari. Ishwari, his uncle Vidhya Ram along with Zorawar, brother of Ishwari were on the Palej field of Zorawar. These persons saw the appellants ploughing the field. Consequently. Ishwari proceeded to ask the appellants not to plough the land which had been allotted to him Vidya Ram and Zorawar continued to remain at the Palej field of Zoiawar. As soon as Ishwari reached the disputed field and asked the appellants not to cultivate, the appellants gave him abuses. Ram Prasad then grappled with Ishwari. It is said that Mindhai gave a blow on the head of Ishwari with a Kassi, a sharp edged weapon and Liladhar gave a lathi blow on his back. Thereafter all the three appellants ran away.