BABU RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 730 of 1977 has been filed by ten accused, namely, Babu Ram, Maniram, Ramjit, Sheo Das, Ram Das, Khaderu, Lochan, Dular, Channu and Chandrabali against the judgment and order dated 14.7.1977 of the JInd AddI. Sessions Judge, Azamgarh, passed in Sessions Trial No. A 37 of 1976 by which they have been convicted under Section 147, 148, 323/149,307/149 and 302/149 IPC and have been sentenced to various terms of imprisonment including life imprisonment under section 302/149 IPC. The State has filed Government Appeal No. 2393 of 1977 against Sadafal, accused who was tried along with the above mentioned ten accused but was acquitted.

(2.) The case of the prosecution, in brief, is that there is a pond known as Gungwa Tal in village Kusuwa. Some paddy fields of the informant Mumlaj Ahmad are irrigated from the water of the aforesaid Gungwa Tal which flows through a Baha (channel). It is alleged that the now of water from the Baha was slopped by constructing a BandhT by accused Ram Das and Sheo Das. At about 5.30 P.M. on 25.9.1975 the informant Mumtaj Ahmad started cutting the Bandh for the purpose of irrigating his fields. Sheo Das, Ram Das and Khaderu, appellant Nos. 4 to 6, were present on the spot and they asked not to cut the Bandh. The informant told him that his crop was drying for want of irrigation. On this the aforesaid three person started abusing him and called their co-villagers saying that the people of village Chitara were opening the Baha for the purpose of flowing of water. Thereafter Babu Ram, Mani Ram, Ranjit, Lochan, Dular, Channu. Chandrabali and Sadafal arrived there armed with lathi. gandasa and ballam and started assaulting, On the alarm raised by the informant Mumtaj Ahmad, his brothers Iqba: Ahmad and Manjoor Ahmad and Lal Bahadur, Aftab, Khere Yadav, Abdul Khair, Aijaj Ahmad and Sheogatullah of his village came there. The accused also assaulted Iqbal Ahmad, Manjoor Ahmad and Lal Bahadur. The informant and the persons of his village also weilded lathis and dandas in their self defence. In the incident the informant Mumtaj Ahmad, Manjoor Ahmad and Lal Bahadur received injuries and Iqbal Ahmad died on the spot. Thereafter the informant lodged a written F.I.R. of the incident at 9.30 P.M. on 25.9.1975 at P.S. Didarganj which is five miles from the place of occurrence. P.W. 7 Tej Pratap Singh, Station Officer of P.S. Didarganj, started investigation of the case after the F.I.R. had been lodged. He prepared inquest report on the dead body of Iqbal Ahmad which had been brought to the police station. The body was thereafter sent to Sadar for post-mortem examination. Manjoor Ahmad had received severe injuries and, therefore, he was sent for medical examination and treatment to the District Hospital along with Constable Katwaroo Ram. He also recorded the statement of Mumtaj Ahmad and Lal Bahadur and thereafter sent them for medical examination and treatment. He reached the spot on 26.9.1975 recorded the statement of other witnesses, prepared site plan and took in his possession blood-stained and plain earth. After completing the investigation he submitted charge-sheet Ex. Ka 10 against the eleven accused.

(3.) Lal Bahadur and Mumtaj Ahmad were medically examined at 6.30 A.M. and 7 A.M. respectively on 26.9.1975 by P.W. 9 Dr. Aijaj Ahmad, Medical Officer In-charge, State Dispensary, Kushalgaon. Following injuries were found on the body of Lal Bahadur