JHAMMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order of Shri L. N. Rai, III, Additional District and Sessions Judge, Budaun dated 21-9-78 in the Sessions Trial No. 13 of 1978 convicting Hem Singh u/Ss. 302 simpliciter and 307/323 read with S. 34, I. P. C., Nek Pal u/S. 307 simpliciter and 302/323 read with S.34, I.P.C. and Jhumman and Jai Singh under Ss.302/307/323 read with S. 34, IPC. The appellants u/S.302 or S. 302 read with S.34, IPC have been sentenced to imprisonment for life, u/ S. 307 or 307 read with S. 34 I.P.C. have been sentenced to undergo seven years rigorous imprisonment and u/S. 323 read with S. 34, IPC have been sentenced to six months rigorous imprisonment. The sentences have been directed to run concurrently.

(2.) This part of the prosecution story is uncontroverted that about 5.00 p.m. on 8-10-77 there was a quarrel between Jhumman appellant and the informant Ram Das and his deceased brother Sher Singh when the latter complained that the three buffaloes and a cow of the appellant had grazed their maize crop.

(3.) The prosecution case is that Jhumman had let loose the above four cattle of his in the maize field of the informant's family. The informant and his younger brother Sher Singh deceased who were scraping grass in their field nearby drove away the cattle of Jhumman on noticing them. When they mentioned about the cattle trespass to Jhumman, there was an altercation between them. Jhumman rushed to the village and came back with his sons Hem Singh and Nek Pal who were armed with spears and Jai Singh who like him had a lathi. They started assaulting Ram Das and Sher Singh with their respective weapons. As Ram Das and Sher Singh raised alarm, Om Prakash and Ram Lal rushed from their fields nearby and Dhoori and Ram Lal who were in the vicinity reached there. On being challenged by them, they fled away.