CHANDRIKA MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 801 of 1984 has been filed by Chandrika Misra, Jawahar Misra, Rajendra Misra, Rajesh Mishra, Ramjee Misra, Ram Surat Misra and Mahadeo Misra against the judgment and order dated 14-3-1984 of Ist Additional Sessions Judge, Ghazipur in S.T. No. 55 of 1981 by which, they were convicted u/ Ss. 147/302/ 149 and 302/149, IPC and were sentenced to 2 years R.I., imprisonment for life and imprisonment for life respectively. Criminal Appeal No. 802 of 1984 has been filed by Dina Nath Misra against the same judgment and order by which, he was convicted u/ Ss. 148/302 and 302, IPC and has been sentenced to 3 years' R.I., imprisonment for life and imprisonment for life respectively under the three counts. Since both the appeals arise out of the same judgment and order and have been connected, they are being disposed of by a common order.

(2.) The case of prosecution, in brief, is that all the accused are residents of village Misraulia and belong to one family. The first informant Janardan Singh is resident of village Kanhi alias Prithvipur. At a distance of about 1 or 1 1/2 bigha towards East of the village Kanhi, there exists a plot bearing No. 9612 area 2 bighas which lies in village Nasirpur-Gairabad. This plot was in unauthorised possession of Janardan Singh but he was evicted in proceeding under Rule 115-C of U.P.Z.A. and L.R. Rules. Later on Gaon Sabha executed a "Patta" (lease deed) of the said plot in favour of Sahdeo and his 5 brothers who are Musahar (SC). The appeallant Dina Nath Mishra, who was member of Armed Forces, applied for allotment of the said plot in his name and it is alleged that a lease deed was also executed in his favour. On account of dispute regarding possession, proceedings u /S. 145, Cr. P. C. were initiated between Sahdeo and others on one hand and Dina Nath Mishra on the other hand, but were decided in favour of former. Chandrika Mishra-appellant started proceedings under S. 198 U. P. Z. A. and L. R. Act and lease granted in favour of Sahdeo and others was cancelled by the Assistant Collector. A revision against the said order was filed before the Commissioner, Varanasi in which operation of the order passed by the Assistant Collector was stayed prior to the occurrence. Sahdeo and his brothers, therefore, continued to remain in possession over plot No. 96/2. It is alleged that Sahdeo and his brother Buddhu were Ploughmen of first informant Janardan Singh and therefore, the first informant and his family members were doing pairvi of the cases on behalf of Sahdeo and his brothers. Due to this reason, there was enmity between the accused appellants on one hand and the informant Janardan Singh and his family members on the other hand. Two persons lost life in the incident out of whom Virendra Singh was son of Chandra Deep Singh was the brother of informant Janardan Singh.

(3.) The case of prosecution further is that at about 7-00 a.m. on 22-10-1980 P.W. 3 Sahdeo and his brother Buddhu were ploughing Southern portion of vacant land of plot No. 96/2 from the plough and bullocks of their master Janardan Singh. At about 8 a.m. accused Dina Nath Misra armed with gun and the remaining 7 accused armed.with lathis came to the aforesaid plot and stopped Sahdeo from ploughing the field on the point of gun. Sahdeo and his brother raised alarm, on which informant Janardan Singh, the deceased Chandra Deep Singh and Virendra Singh and others came on the spot and tried to pacify the accused and requested that dispute be settled by Panchayat. On this, all the 7 accused of Criminal Appeal No. 801 / 84 exhorted and accused Dina Nath Misra fired twice causing gun shot injuries to Chandra Deep Singh and Virendra Singh who fell down on the spot. The witnesses present tried to intervene, but the accused ran away giving threats. Both the injured were then rushed to police station Birno on cots. Chandra Deep Singh succumbed to his injuries on the way. As the condition of Virendra Singh was serious, he was taken to District Hospital, Ghazipur in taxi. The informant Janardan Singh got a F.I.R. scribed and lodged the same at Police Station Birno which is 1 1/2 Kms. from the place of occurrence, at 9-05 a.m. Virendra Singh was medically examined at 8-50 a.m. on 22-10-80 in the district hospital, but he died at 11-40 a.m. On the same day. The post mortem examination was conducted on the bodies of deceased Virendra Singh and Chandra Deep Singh on 23-10-80. After investigation, the police submitted charge sheet against all the 8 accused.