REHTU Vs. STATE

JUDGEMENT

(1.) The above two appeals have arisen out of judgment and order of Additional District and Sessions Judge, Saharanpur, holding appellants Rehtu and Biran guilty of the offence u/S.302, I.P.C. and convicting and sentencing each of them to undergo imprisonment for life. Since the two appeals arise from same judgment, we are deciding them together.

(2.) The prosecution case was that in the Ramlila of Unchagaon. some quarrel had taken place between Iqbal and appellant Rehtu. Thereafter, the dispute had been settled by the intervention of the residents of Manglur where the deceased resided and that of Unchagaon. At about 9-00 to 10-00 a.m. on 23-3-1978. appellant Rehtu came to the house of reporter Vedpal Singh ( P.W. 1 ) and started abusing the family members. At that time, Pitam (deceased) and Om Vir were also present. They asked Rehtu to desist from abusing. Meanwhile Iqbal had also arrived and he gave few slaps to Rehtu. Thereupon, Rehtu went away stating that he will take revenge. On 1-4-78 Vedpal, his brother Pitam and nephew Kunwarpal were cutting sugarcane and pilling of leaves in their Chaks commonly called as "Bheriyon Wala Chak''. At about 2-00 p.m. Rehtu, Molhar, Biran, Tejpal, Mohkam, Ram Singh and Sausih came. Out of these persons, Rehtu and Biran had pistols and the remaining had lathis. They started challenging the three persons cutting sugar-cane that they will take revenge and kill each of them. They had raised alarm. Consequently, Om Prakash, Jai Kumar and Kiranpal came Rehtu and Biran took out their Pistols and pointed the barrels towards them. Seeing this, the three took to their heels for their lives. The assailants chased them and surrounding Pitam in the Field of Jaimal of Unchagaon, Rehtu and Biran fired their pistols towards Pitam. After Pitam fell down, they carried the dead body of Pitam on their lathis and left it in a wheat field in village Rajpur. After leaving the dead body, the accused went away.

(3.) A written report of the occurrence was lodged by Vedpal Singh at 6-15 p.m. same day at Police Station Jhabreda, district Saharanpur.