MAHABIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sikandar B. Kochar, learned counsel for the appellants and Sri Ajeet Ray, learned A.G.A. for the State.

(2.) This criminal appeal has been filed against the judgment and order dated 27/2/1982 passed by IV Additional Session Judge, Muzaffarnagar in S.T. No 259 of 1981, convicting and sentencing the appellant Mahabir, Krishan Pal, Daulat, Topi, Ghasita, and Dharma to 2 years rigorous imprisonment under Sec. 148 and life imprisonment under Sec. 302 I.P.C. read with Sec. 149 I.P.C. Both the sentences shall run concurrently.

(3.) In brief, the prosecution case is that on 10/3/1980 at about 10:15 a.m. a Case Crime No.70 under Sec. 148, 149, and 302 I.P.C. was registered at Police Station- Bhopa, District- Muzaffarnagar on an application of Ram Gopal dated 10/3/1980. It was alleged in the application that to construct the houses for weaker sections a unanimous resolution was passed by the Gram sabha Wazirabad, for which a meeting was held a month earlier and plots were already allotted, 32 beneficiaries were selected for the construction of houses and Jagmohan was also included in it and his house was also to be constructed. Jagmohan has laid the foundation of his house, a day before. On 10.03.1980 at about 09 a.m. Jagmohan was raising construction on the foundation. Co- villagers, Mahabir holding a Lathi, Krishan Pal holding a Ballam, Daulat holding a Tabbal, Topi holding a Ballam, Ghasita holding an axe, and Dharma holding a Bhala in their hands came abusing and started dismantling the foundation. In the meantime, the brother of the complainant Harnam also reached the spot. Harnam and Jagmohan both forbade the accused from abusing and dismantling the foundation. Accused suddenly pounced upon Harnam and started to beat him with the weapons in their hands. Devi Sahai, Rehala Das, and Tilak Ram tried to save Harnam but the accused continued to beat him due to which Harnam suffered serious injuries on his head, mouth, forehead, neck, chest, and abdomen. Jagmohan and Harnam also wielded lathi in defence. Harnam became unconscious and fell down due to injuries suffered by him and died on the spot. As his body was warm he was taken to Government hospital Morna in a horse carriage but the doctor was not present there then he was carried to Bhopa hospital where the doctor declared him dead. The incident was narrated by Jagmohan to the complainant and he has come to lodge the report leaving the dead body of Harnam in the horse carriage at Bhopa hospital and Jagmohan is beside the dead body.