LAL BAHADUR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of Sri Surya Prasad III Additional Sessions Judge, Banda by which he convicted the appellants-Lal Bahadur Singh, Had Bahadur Singh, Nawal Kishore, Jaswant Singh, Indra Jit Singh, Babu Lal Singh, Shambhu Singh, Khilloo Singh, Ram Asrey Singh, Iqbal Singh, Dwarka Singh, Rameshwar Singh, Shailendra Singh and Yadu Rai Singh-under Sees. 304/149, 3077149 and 323/149 IPC and sentenced each one of them to imprisonment for life under the first count, 10 years R. I. under the second count and one year R. I? under the third count. He further convicted Jaswant Singh and Ram Asrey Singh under Sec. 148 IPC and the remaining ones under Sec. 147 IPC and sentenced the former set to three years R. I. and the latter set to two years' R. I. each.

(2.) ALL the appellants who are Thakurs and are closely related to each other, are residents of village Santar, P. S. Baberu, district Banda. Lola who lost his life in this case also belonged to village Santar and his house was quite close to the house of the appellants. He belonged to Yadav caste. Kallu, Indrapal P. W. 1, Lotan P. W. 2, Smt. Kunwaria P. W. 3 and Gangadin (all injured) are relations of Lola deceased and their houses are also close to his house. It appears that for some time past the relations between the appellants on the one hand and Lola deceased, Kallu and others on the other had been far from satisfactory. Some litigations had taken place between them and this thing had quite soured their relations.

(3.) LOLA had received serious injuries and had become unconscious. Indrapal P. W. 1 immediately wrote a report (Ex. Ka-1) and left for Thana carrying LOLA on a bullock cart. He delivered that report at the thana at 11.30 A. M. On the basis of that report a case was registered against the appellants. LOLA was immediately sent to Primary Health Centre Baberu for medical aid. Kallu, Lotan, Smt. Kunwaria, Indrapal and Gangadin had also gone to Thana and they too were sent to Primary Health Centre; Baberu for medical examination. LOLA as also these five persons were examined by Dr. V. N. Upadhya between 1 P. M. and 3.30 P. M. on the same day and he found the following injuries on their bodies :- In jury of LOLA :-Lacerated wound 2 1 /2 cm x 2 cm skin deep on right side of forehead, 11 cm back from right eye brow. Injury of Kallu :-Lacerated wound 3 cm x 2 cm skin deep on front part of left index finger of hand. Injury of Lotan :-Lacerated wound 3 cm x I cm skin deep on right side of scalp 6 cm above right eye. Injury of Smt. Kunwaria :-Lace ratted wound 8 cm x 2 cm x skin deep on scalp on right side 12 cm above right eye brow. Injury of Indrapal:--Lacerated wound 3 cm x 1 cm x skin deep on middle of scalp 12 cm above front right. Injury of Gangadin :-Lacerated wound 5 cm x 1 cm x skin deep on right side of scalp 16 cm back from right eye brow.