CHINTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was preferred by Chinta, Ram Saroj and Gyan Das against their conviction under Section 302 read with Section 34 I.P.C. and Section 323 read with Section 34 I.P.C. They were sentenced to life imprisonment and six month's R.I. in the abovesaid two counts by the Sessions Judge, Basti.

(2.) The deceased Jamil Ahmad was a Clerk with an Advocate in the Court at Basti. He had litigation with the appellants of this appeal on some landed property. The date fixed in the case was 22-7-1980. Deceased Jamil Ahmad along with his brother P.W. 1 Mohd. Umar, his mother P.W. 2 Smt. Jumratan and P.w. 6 Jalis Khan were going to Jaunpur on 21-7-1980 to attend the case. At about 10.00 A.M. when they reached near Muniwa Ghat they were accosted by the four accused persons, the three appellants and Vishwanath, who died during trial. They were lying in wait in nearby Munja bushes. Seeing the deceased along with his mother and brother coming towards them they pounced upon him. They started belabouring him with their respective weapons, Phasra, Lathi and Ballam.

(3.) According to F.I.R., Chinta struck first a Phasra blow upon the deceased. Immediately that was followed by a blow of Ballam by Gyan Das, due to which Jamil Ahmad fell down. When the witnesses Mohd. Umar and Smt. Jumratan rushed to save him, they were also assaulted by Pharsa and Lathis. Mohd. Umar was assaulted by Chinta (appellant) with a Pharsa and Smt. Jumratan was assaulted by Vishwanath with Lathi. An independent witness Jalis Khan was also accompanying them. When he tried to save, they rushed to beat him upon which he ran away and stood at some distance so as to be away from the reach of the appellants.