KISHORE AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No. 968 of 1979 Kishore and others Vs. State has been filed against the judgment and order dated 19.3.79 passed by the then VI Additional Sessions Judge, Gorakhpur convicting and sentencing the accused - appellants under Sec. 307 read with Sec. 34 I.P.C. for five year rigorous imprisonment each and a fine of Rs. 100.00 each and in default of payment of fine each for further three months rigorous imprisonment in Session Trial No. A 425 of 1976 State Vs. Kishore and 3 others . The Criminal Appeal No. 1746 of 1982. Smt. Jitni Vs. Ramji and others has been filed against the judgment and order dated 19.3.79 passed by the aforesaid VI Additional Sessions Judge acquitting the accused-respondents under Sections 147, 148, 323, 324 and 326 read with Sec. 149, I.P.C. in Session Trial No. A 228 of 1976 State Vs. Ramji and 15 others . These two Sessions Trials are based on two cross versions and relate to one and the same episode. Therefore these two criminal appeals have been connected with each other for disposal.

(2.) The facts of Sessions Trial No. A 485 of 1976 State Vs. Kishore and others , briefly stated are that Kishore is son of Bankey who is son of Bisheshwar resident of Pipraich, Police Station Pipraich, District Gorakhpur, Duber Lal is son of Bankey who is son of Dhondha resident of Chhota Kajipur, District Gorakhpur, Baijnath is son of the sister of Ram Autar and Ram Awadh. Chitharoo is their sisters's husband. The houses of Kishore and Ram Autar are adjacent to each other with a Gali intervening them. It is alleged that Kishore and others wanted to make encroachment upon the land of Ram Autar by constructing a house thereon. Ram Autar did not allow them to make any construction. A panchayat was consequently held in that connection and Kishore and others had to leave the land measuring three cubits, whereupon Kishore and other members of his family bore grudge and expressed that they would take revenge against Ram Autar. Kishore had been after Ram Autar since then. It is further alleged that on 24.5.77 Baijnath, his mother's sister's husband (Mausa) Chithroo, Ram Autar and Ram Awadh were going to the Pipraich Railway Station to see his (Baijnath's) mother's sister (Mausi) off. As soon as they reached in front of the house of Dr. Gulab at about 2.30 p.m., Kishore son of Bankey, Bankey son of Bisheshwar, Doober son of Bankey and Bankey son of Dhondh happened to come there while abusini Ram Autar and shouting that Ram Autar should not be allowed to run away and that he should be killed. In the mean time Bankey son of Dhondha and Doobar caught hold of Ram Autar and Kishore and Bankey son of Bisheshwar started giving knife blows to him. Baijnath and others raised alarm, hearing which Chandra Mani Singh son of Sarju Singh, Madan and Tafazzul resident of. Pipraich and many others came there. Ram Autar fell down. In the mean time Bankey wielded his knife which instead of causing injuries to Ram Autar, hit Doobar and caused injury to him on his chest. Thereafter the assailants ran away thinking that Ram Autar died. The above named witnesses saw the assailants assaulting Ram Autar in the moon light as well as in the flash light of their torches. Ram Autar was sent to the hospital. It is further alleged that the above named persons chased the assailants and in the process of chasing them, a constable clerk, a constable Ram Naresh Singh, Ram Keval Yadav and Vishwanath happened to come there. With the help of these persons Kishore and Bankey were surrounded and apprehended near railway depo. A blood stained knife and a handle of a knife were recovered from the possession of Kishore and Bankey respectively. They were taken to the Police Station, Pipraich along with the recovered articles Baijnath made a report to the police station and on that basis a case was ultimately registered against the accused-appellants Kishore and others.

(3.) Dr. P.N. Singh P.W. 3 examined Ram Autar and found the following injuries on his person: