AMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in these two connected appeals by nine appellants is to their convictions and sentences recorded by VIIth Additional Session's Judge, Etah, in S.T. No. 40 of 1981, State v. Chiranji Lal and others. Appellant Dhyan Singh has been convicted under Section 147, 323/149, 436 I.P.C. while rest of the appellants have been convicted under Section 147, 323, 436/149 I.P.C. For offence under Section 147 I.P.C. all the appellants have been sentenced to undergo eight months R.I., under Sections 323 and/or 323/149 to six months R.I. and under Section 436 and/or 436/149 they have been sentenced to four years R.I. Trial Judge has further ordered that all the sentences of each of the appellants shall run concurrently vide impugned judgment and order dated 30.1.1982.

(2.) Unfolded prosecution story as was scribed by the informant Chob Singh, P. W. 1, in his FIR Exhibit-Ka-1 and later on stated during session's trial were that informant had taken agricultural land of Mahesh Chandra on lease and had sown in it lentil crop of Ranas Urd. Three or four days prior to the date of the incident, Chiranji Lal, Komal, Amar Singh, Data Ram, Dhyan Singh, Prem Singh, Shiv Raj Singh, Siya Ram and Ramesh Chandra had denuded the said crop. A day prior to the incident, Shyam Singh had a muscle flexing with informant's brother Rohan Singh because of aforesaid denuding of crop. Motivated by the said scuffle, on 16.10.1979 at 6 a.m., all the above named appellants raided informant Chob Singh's P.W.1, house and grouched, as to why Shyam Singh was assaulted by Rohan Singh and they will belabour informant's family. Accused thereafter, vetuparised informant's family members and assaulted informant and his mother. Ram Das, informant's father sheltered in his house on which Chiranji Lal appellant asked Data Ram that he(Ram Das) is not coming out and, therefore, his house be set ablaze and on such an exhortation Data Ram took out a match box from the pocket of his Kurta and handed it over to appellant Dhyan Singh, who thereafter ignited informant's thatch which then was gutted in fire causing informant a loss of Rs. 700-800. This incident was witnessed by informant and his injured mother Smt. Ram Kali P.W.-3 and other co-villagers Narsingh, Saitan Singh, Rajveer, Lalman etc.

(3.) Informant P.W.1 scribed F.I.R. Exhibit Ka-1, measured a distance of 6 km. to P.S. Amapur, District Etah and got it registered as Crime No. 168-A under Section 147, 323, 436/504 I.P.C. same day at 10:15a.m. against named accused.