JOKHU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal by the four appellants Jokhu,(A-1), Johan(A-2), Sukhai(A-3) and Soti(A-4) are to their convictions under sections 304(II)/34, 326/34 I.P.C. Soti (A-4)has further challenged his conviction under section 323 I.P.C. For offence under section 304(II)/34 I.P.C. four years RI and under Section 326/34 I.P.C., three years RI and under Section 323 I.P.C., one year RI are the imposed sentences by II ND Additional Sessions Judge, Azamgarh in S.T. No. 242 of 1979, State Vs. Jokhu and others vide impugned judgment and order dated 24.3.1981.

(2.) Encapsulated underline facts were that deceased informant Subai was a resident of village Barohi Fatehpur, P.S. Maharajganj, District Azamgarh and was having an enmity with co villager Munni Bhar S/o Jeetu Bhar, regarding a piece of land lying eastward of his courtyard for which proceeding under section 145 Cr.P.C. was already going on. Because of the aforesaid dispute and litigation, on 26.3.1979 in the noon, A-1 and A-2 both sons of Munni Bhar aforesaid with their associates A-3 and A- 4 started digging a ditch2 for fixing a peg to erect a thatch after encroaching on the courtyard of the deceased informant. Informant deceased forbade them to desist from their such an attempt on which A-1 and A-2 armed ballam started assaulting informant deceased. A-1 pierced his ballam in the abdomen of the informant whereas A-2 assaulted him on his head. Informant fell down shrieking on which his brothers Munnar and Hansraj and Smt. Chanaoti wife of Hansraj rushed to save him. These intervenes were also assaulted by the accused from their respective weapons, as a result of which all the three sustained injuries. A- 2 had pierced his ballam on the chest of injured Hansraj and A-3 had assaulted Smt. Chanaoti with ballam. To save their relatives, other womenfolk inmates of informants house resorted to brick bats. This incident was witnessed by Ghurahoo Singh, Balli, Surai and other co-villagers, who intervened in midst of the assault and saved the lives of the injured. Since the injuries of all the injured were dangerous, therefore, informant and others arranged for a vehicle and came to Azamgarh hospital and got themselves medically examined. Informant deceased Subai and his brother Hansraj were admitted in the hospital. Thereafter Informant injured Subai dictated a FIR Ext. Ka-1 to Rampher Singh P.W.1, who thereafter carried it to the police station Maharajganj where it was registered at 8.20 p.m. same day u/s 323, 324, 307 I.P.C. by head moharir Shiv Dharshan Singh as crime no. 81-A of 1979 by preparing chik FIR Ext. Ka.9.

(3.) Investigation into the crime was commenced by Dev Kumar Pandey P.W. 8, who copied the chik FIR, came to the spot and recorded interrogatory statement of witness Ghurai Singh and thereafter conducted spot inspection and prepared site plan Ext. Ka-10. I.O. thereafter collected plain and blood stained earth from the spot and prepared its recovery memo Ext. Ka-3. Thereafter P.W. 8 was transferred and further investigation into the crime was undertaken by S.O. Narendra Bahadur Singh, P.W. 6, who recorded statements of witnesses Balli, Surali and thereafter on 10.4.1979 those of witnesses Munnar, Sant Ram, Smt. Chanaoti, Rampher Singh, Rameshwar Singh, Moti Yadav and Bhikhari Bhar. On 14.4.1979, P.W. 6 recorded the statements of accused, who meanwhile had surrendered and were in police lockup. On 28.4.1979, I.O. recorded statement of Surya Bali and thereafter concluding investigation, he charge sheeted the accused vide Ext. Ka-6.