AMAR GOND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29-1-1981 passed by the then III Addl. Sessions Judge, Deoria in Session Trial No. 108 of 1978 whereby appellant No. 3 Hari Shanker Pandey has been convicted and sentenced to imprisonment for life under S. 302, IPC to undergo R.I. for six months under S. 323 read with S. 34, IPC and 7 years R.I. under S. 307 read with S. 34, IPC. Remaining appellants have been convicted and sentenced to imprisonment for life under S. 302/34, IPC 6 months R.I. under S. 323/34 and 7 years R.I. under S. 307/34, IPC. All the sentences have been ordered to run concurrently.

(2.) Deceased Prahlad was son of Laxmi Narain, P.W. 1 the first informant of the present case. Appellant Jagannath Pandey, Hari Shanker Pandey and Santan Pandey are collaterals of Laxmi Narain. It is alleged that on account of litigation there existed enmity between first informant and members of his family on the one hand and the aforesaid appellants on the other. Appellant Amar Gond was also a resident of the same village and his field was situated to the west of the field of first informant.

(3.) It is said that Prahlad deceased had gone to Deoria, a day before the present occurrence and Laxmi Narain had himself gone to Bhaluni for his own house hold work. Taking advantage of their absence, appellant Amar Gond while ploughing his own field broke the Mend (demarcation wall) of the field of Laxmi Narain and encroached upon a portion of his field. It is alleged that on 28-10-1977 at about 7 a.m. when Laxmi Narain and his son Prahlad were setting the Mend back to its original position, appellant Amar Gond came there and forbade them from doing so. When the first informant and his son did not listen to him, he went away threatening both of them with dire consequences. Soon after, Amar Gond along with appellants Jagannath Pandey, Hari Shanker Pandey, and Santan Pandey came to the field of Laxmi Narain. At that time Jagannath Pandey and Amar Gond were armed with lathi while Hari Shanker pandey and Santan Pandey were having spears. Jagannath Pandey called upon his companions to kill the first informant and his son whereupon appellant Santan Pandey made an attack on the first informant by his spear but Prahlad pulled Laxmi Narain back as a result of which, Laxmi Narain escaped any injury. Meanwhile appellant Hari Shanker Pandey hurled his spear on Prahlad which struck him on his chest and he fell down bleeding. Thereafter Jagannath Pandey and Amar Gond assaulted Laxmi Narain by means of lathi. Alarm raised by Laxmi Narain and his son Prahlad, attracted Harihar Pandey. Vishwanath Pandey, P.W. 2, Ram Manohar Pandey, Indra Sen Pandey, Ram Kawal Pandey, Dineshwar Tiwari and others to the scene of occurrence. When Vishwanath Pandey intervened, he too was assaulted with lathi. Prahlad was carried to P.H.C. Bhaluni by his father Laxmi Narain with the help of witnesses where he was declared dead. Dead body of Prahlad was then carried to police out post Bhaluni and Laxmi Narain Pandey lodged a written report Ex. Ka 4 which he had dictated to Dineshwar Tiwari. On the basis of written report, Check FIR was propared and case was registered against all the present appellants under S. 302, IPC.