DEWA Vs. STATE OF U P

JUDGEMENT

(1.) S. H. A. Raza, J. The appeallants Dewa and Putti Lal have preferred this appeal against the judgment and order dated 31- 3-1980 by means of which they were convicted and sentenced to imprisonment for life under Section 302/34, I. P. C.

(2.) IN brief, the facts of the prosecution case as set out in the F. I. R. (Ext. Ka-1) lodged by Smt. Jagdei, widow of the deceased Bhagwandin, at 10. 30a. M. on 11-11-1978, is that Bhagwandin deceased was her husband. During the course of the consolidation proceedings the agricultural land was allotted to appellant Dewa. There existed a mango tree, the amount of which Bhagwandin was so to get from Dewa appellant. Dewa had promised to pay the said amount. But instead of paying the said amount he started taking the fruits. When Bhagwandin deceased for the payment of the amount Dewa stated that he would neither pay the price of the tree nor allow him to cut the same. On 11-11-1978 at about 3. 30 a. m. when informant Smt. Jagdei as well as her deceased husband Bhagwandin were collecting groundnuts in their agricultural field the Appellant No. 1 armed with a sickle and Appellant No. 2 armed with a Kanta came on the spot. Dewa started saying to Bhagwandin that you were threatening to cut the tree but today we would cut you off and then you cut off the tree. The informant as well as her deceased husband after watching the gesture of the appellants tried to run away but as soon as they reached the field of Mendi Lal, Dewa assaulted Bhagwandin with Sickle as a result of which Bhagwandin fell down. Putti Lal thereafter gave several kanta blows to Bhagwandin. The appellant also chopped off the head of Bhagwandin. On hearing the alarm raised by the informant, Jitta Rajdas, Kallu Pasi, Gaya Prasad Raidas, Suraj Bux Singh and several others reached on the spot and caught hold of Dewa Appellant No. 1, Putti Lal appellant managed to escape. The dead body of Bhagwandin was lying in the field. The informant Smt. Jagdei thereafter went along with Ganga Prasad to lodge the F. I. R. which was scribed by Sri Jamuna Prasad Shukla, Head Moharrir.

(3.) THE earth recovered from the place of occurrence, Baniyan, Dhoti, Hansia of the appellant Dewa were sent for Chemical Examination who submitted report dated 21-8-1979 which was filed along with two affidavits Ext. Ka-11 and Ka-12 sworn by constables Jagdish Singh and Anruddha Prasad Pandey. THE Chemical Examiner found that the Baniyan, Dhoti and Hansia of the appellant Dewa had blood-stains.