RANGI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Rangi Lal and others have appealed against their conviction recorded by Sri. K. P. Sinha, Additional Sessions Judge, Fatehpur in S.T. No. 150 of 1978 State v. Rangi Lal and 8 others, under Ss. 147. 148, 307/ 149, 304/149 I.P.C. P. S. Jahanabad, District Fatehpur.

(2.) The case of the prosecution was as follows : - Vidya Bishal, P.W. 1, the first informant, is a resident of village Deori Buzurg and his family members have got about 30 bighas land in Bhanbhaura Har which lies towards north of the village. In the evening of 26/07/1977 some cattle belonging to residents of village Sahimalpur had grazed in the field of Vidya Bishal's family members. The crop was damaged and thereafter Vidya Bishal's nephew, Srinarain, had gone to village Sahimalpur in the evening to lodge protest with the owners of the cattle. Rangi Lal and others, who are residents of village Sahimalpur and owners of the cattle, resented the protest made by Srinarain.

(3.) On 27-7-1977 Vidya Bishal, Srinarain and Kalloo alias Chhaila were proceeding towards Bhhanbhaura Har at about 10.30 a.m. when Vidya Bisha and his two colleagues had reached upon the syphon on the Kachchi Gali of village Kripalpur, accused Rangi Lal armed with a spear, accused Suresh, Mahabir, Nanku, Pyare Lal, Desh Raj, Shiv Kumar, Radhey Lal and Daya Ram armed with Lathis came there and challenged them. Thereafter all these nine accused attacked Srinarain and Kallu. Vidya Bishal and his two colleagues raised alarm which attracted Lal Singh, Babu, Jagatpal, Babulal and Ram Sajiwan. The witnesses saw the occurrence and when challenged by them, the accused ran away towards east.