DUKHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above two appeals have been preferred against the judgement and order dated 5-4-1980 passed by Sri J. M. Srivastava, the then learned IV Additional Sessions Judge, Fatehpur, in Sessions Trial No. 192 of 1979 and judgement and order dated 30-5-1984 passed by Sri Ramji Lal, the then learned Additional Sessions Judge, Fatehpur, in S. T. No. 90 of 1981 respectively, convicting the appellants of both the appeals under Sections 147, 148, 302 read with 149, 307 read with 149, 323 read with 149, I.P.C. and sentencing each of the appellants Dukhi, Raghunath, Ram Prasad and Jageshwar to imprisonment for life under Section 302 read with 149 I.P.C.R.I. for a period of 5 years and fine of Rs. 2000 - under Section 307 read with 149 I.P.C. and R.I. for a period of six months under Section 323 read with 149 I.P.C. Appellant Jageshwar. Raghunath and Ram Prasad were further sentenced to undergo R. I. for a period of one year under Section 148 I.P.C. and Dukhi was further sentenced to undergo R.I. for a period of six months under Section 147 I.P.C. All the sentences were ordered to run concurrently. Appellant Babu Ram Yadav was sentenced to imprisonment for life under Section 302 read with 149 I.P.C. 5 years R.I. under Section 307 read with 149 I.P.C. and 2 years R.I. under Section 148 I.P.C.

(2.) The prosecution stroy, briefly stated, was as under :-Shiv Narain (P.W.2) of both the appeals was original resident of villageGhoorhupur, P.S. Sajeti, district Kanpur. He had his sasural at village Nirkhi, P.S. Jahanabad, District Fatehpur. where he had got landed property and was residing there along with his family members for last 20 years. He was also Pradhan of the village. Chhote Lal (P.W.2), the younger brother of Shiv Narain (P.W.2), was residing at his native village and often visited the house of his brother at Nirkhi, Ram Kumar (22) deceased was the son of Shiv Narain (P.W.2) and was prosecuting his law studies at Kanpur. Smt. Tajeshwari (P.W.3.) was daughter of Shiv Narain (P.W.2). Two days before the occurrence of this case, Ram Kumar deceased had come to his house. Chhote Lal (P.W.1) had also come to village Nirkhi a day before the occurrence. Matwa (the accused, who died befor trial) was real brother of appellants Dukhi and Raghunath. Babu Ram Yadav appellant was resident of village Dhamina Bujurg, P.S. Sajeti District Kanpur and Jageshwar was resident of village Uda-ngapur, P.S. Jahanabad, District Fatehpur.

(3.) Matawa used to harbour Babu Ram and Jageshwar, who were members of gang of Bhola dacoit. A day before the occurrence Babu Ram and Jageshwar had come to the house of Matawa. Observing them Shiv Narain (P.W.2), being Pradhan of the village, warned Matawa not to call them (Jageshwar and Babu Ram) to his house. On it Matawa became annoyed and threatened to kill him.