BHOGI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Bhogi Lal, Santram and Chinge have, each been, convicted and sentenced to imprisonment for life under section 302 read with section 34 of the Indian Penal Code and also fine of Rs. 10,000.00, in default to under go Rigorous Imprisonment for 4 years by Second Additional Sessions Judge Jalaun at Oral Aggrieved by this order they have preferred this appeal.

(2.) Prosecution case is that Santram appellant and Mansaram (deceased) sons of Chidde were step brothers. Their mothers were different It is alleged that on the evening of 1-7-1976 Baladin was going alongwith Ram Khelawan P.W.2 from Korta to his village Goran, When they reached near Bhattawala field in village Goran they heard shricks coming from the said field at about 6.00 P.M. They ran towards the field. Panacham P.W. 4 who was present in his field also ran towards the place of occurrence. All the three witnesses saw Bhogi Lalarmed with pharsa and other two appellants armed with axes assaulting Mansaram. They chopped off the head of Mansaram. After committing the crime the accused ran away.

(3.) Baladin came to the village and narrated the occurrence to Mansaram, village Chaukidar P.W.7. This Chaukidar then informed Chidde, father of the deceased, about the incident. Chidde brought the dead body and the chopped head on a bullock cart to his house. O He was, however, not willing to lodge a report in the police station. Hence Mansaram Chaukidar went to the police station next morning and lodged a report at 6.15 A.M. on 2.7.1976.