BACHNU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by Bachnu, Veer Singh, Rishipal and Chander-impugning their conviction and sentences recorded by Sri D.D. Srivastava, III Addl. Sessions Judge Meerut by means of his judgement and order dated 22-1-1979 in S.T. No. 468 of 1977. Severally their conviction and sentences were - Rishi Pal was convicted under Sections 304 Part II I.P.C., 324/34 and 323/34 I.P.C. and he was sentenced to undergo R.I. for 7 years, 3 years and one year under the aforementioned Sections of the Penal Code respectively. The remaining appellants namely, Bir Singh, Bachnu and Chander were convicted under Section 323/324/34 I.P.C. and were sentenced to undergo R.I. for one year and two years respectively under the aforementioned Sections of the Penal Code.

(2.) Appellants and the complainant Vijai Pal P.W. 4 both belonged to village Samaspur Surani P.S. Sardhana District Meerut. Ram Pal deceased and his father Brahma Singh had same cultivatory land in the aforesaid village. On the day of incident, i.e. 5-2-1977, Ram Pal and his father were watering their fields since 8 p.m. and their turn was to last up to 11.40 p.m. Vijai Pal son of Brahma Singh also joined his father and brother in watering the field. At about 10 p.m., the flaw of water declined upon which Brahma Singh P.W. 6, father of Vijai Pal complainant and Ram Pal proceeded towards the (Gool) source in order to find out the cause of stoppage of water to the field. They found the Gool Blocked and water diverted to an other gool. Brahma Singh and Ram Pal spaded open the Gool and water started to flow again. After half an hour, the water again stopped coming to the field of the complainant whereupon Brahma Singh and Ram Pal again went to the spot and found the Gool again blocked and water diverted to another Gool. Brahma Singh again spaded open the Gool and diverted the water to his field. After opening the Gool, Brahma Singh stayed back at the spat in order to find out as to who on earth was doing this mischief. In a short while at about 11 p.m. accused persons consisting of Bachnu, Veer Singh Rishipal and Chander appeared on the spot and out of them Rishi Pal had a spear while the remaining appellants were possessed of Lathies. The accused persons started abusing Brahma Singh and also blocked the supply of water to the field of the complainant. This action of the appellants was objected to by the father of the complainant, namely, Brahma Singh and brother Ram Pal offended by the repeated objection from the father of the complainant and his brother, the accused persons assaulted Brahma Singh and his son Ram Pal by means of spear and lathi. It is also the case of the prosecution that during the course of assault, the father of the complainant Brahma Singh and brother Ram Pal had warded off the blows being showered on them and in the melee, Rishi Pal accused had also sustained some injuries. The hue and cry raised during the course of assault that a number of witnesses were attracted to the scene of occurrence including Jagpal and Yashpal Harijans of the same village and on their intervention, Brahma Singh and Ram Pal were saved from further assault by the appellants. After the occurrence, the appellants bolted away from the scene. Injured Brahma Singh and Ram Pal were taken on a tonga to the police station and before the tonga could reach the police station, Ram Pal injured breathed his last on the way itself. On reaching the Police Station, Vijai Pal complainant submitted a written report Ex. Ka 5 and on the basis of the said written report, a case u/s 302/323/324 I.P.C. was registered against the appellants. At this stage it is also worthy of mention that Jag Pal one of the witnesses who had come to intervene in the occurrence, also sustained injuries.

(3.) All the injured were sent for being medically examined at Sardhana P.H.C. at P.H.C. Sardhana, Dr. Brij Mohan Medical Officer in charge examined the injuries on the person of Brahma Singh on 6-2-77 at 12.30 p.m. and he found the following injuries on his person. (1) Incised wound 1 cm x 0.3 cm x muscle deep on the front and inner side of right upper arm 3.5 cm. (2) Abrasion 0.6 cm x 0.2 cm on the outer side of right fore-arm 3 cm below the elbow. (3) Incised wound 4 cm x 0.5 cm x muscle deep on the palm surface of left hand extending the base of the thumb on the inter space between the thumb and left index finger and extending on the web up to the outer side of left hand at the base. (4) Abrasion 1.2 cm x 0.2 cm on the front and inner side of right leg 11 cm below the right knee.