BABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above noted Criminal Appeal and Criminal Revision arise out of the same judgment and order dated 30-9-1980 passed by Sri Y. P. Singh, the then Addl. Distt. and Sessions Judge, Budaun in Sesssion Trial No. 408 of 1979 thereby convicting the appellants Babu and Mohkam of the offences punishable under Sections 147/148/302 read with Section 149, I.P.C. and sentencing them to undergo imprisonment for life under Section 302 read with Section 149, I.P.C. and R. I. for a period of one year u/S. 147, I.P.C. to appellant Babu as also R.I. for a period of two years u/S. 148, I.P.C. to appellant Mohkam. Accused Naurangi, Nami and Shishpal have however been acquitted under the same order and against that acquittal, the complainant Tarachand has filed the revision. Since the appeal and the revision arise out of the same judgment and order, they are being disposed of by the common judgment.

(2.) The facts leading to the prosecution of the appellants are as follows :Babu and Mohkam are brothers while Naurangi is the cousin-in-law of the two. Nami and Shishpal belong to the same family. Aaram Singh was the father of Babu and Mohkam. Aaram Singh were four brothers and Saran was one of them. Chandra Kesh was Soran's son and Barfi is his daughter. Barfi is married to Naurangi. Ganga Devi is the wife of Chandra Kesh. Ganga Devi and Ram Sanehi are sisters. Ram Sanehi was married to Goverdhan, the brother of informant Tarachand. Saran had given some land to his son's wife Ganga Devi. Litigation over mutation of that land started between Ganga Devi on one side and Babu accused on the other. This case was pending at the time of the incident. Shanti Prasad deceased used to do Parivi in this case on behalf of Ganga Devi.

(3.) On 31-8-1979 Tara Chand and Shanti Prasad had come to Budaun in the Pairvi ofthe case. Babu and Mohkam had also come in the same case. At about 1.30 p.m. a date was fixed in that case and Tara Chand and Shanti Prasad started for their village in a private Bus. Mohkam and Babu also boarded the same Bus. Mohkam, out of the two, was armed with a double barrelled gun. Gajram boarded the Bus from Kaulhai and Malkhan and Nathoo boarded it from Sahaswan. When the Bus reached the culvert of Choyee it was about 3.30 or 3.45 p.m. Babu and Mohkam got the Bus stopped and caught hold of Shanti from behind and started dragging him. Shanti said as to why they were dragging him at which the accused said that they will teach him a lesson for doing Pairvi in Ganga Devi's case. Tara Chand wanted to stop them at which Mohkam pointed his gun towards him. When they were dragging Shanti out of the Bus, Babu shouted that Naurangi should come soon as the enemy has been caught. Thereupon 6 or 7 persons came out of the Dhencha crop, out of them Naurangi had a single barrelled gun, Nemi was armed with a sword, while Shishpal had a country made pistol. There were some strangers also out of whom one was armed with a Tabbal and others had pistols.