ASHA Vs. STATE OF U P

JUDGEMENT

(1.) The occurrence giving rise to these two appeals had taken place on 19-5-1975 at about 9 a.m. in the morning in village Maharajpur Kalan, Police Station Laksar, District Saharanpur, wherein on account of the injuries one Magan Lal son of Krishna Dutta had died and Krishna Dutta, Jagat, Janardan, Paras Ram. Surjan, Shiv Prakash and Ved Prakash had received total number of 22 injuries. On the other side Tungal, Asha Ram, Hardeva and Moti Ram had received total number of 17 injuries. The occurrence had taken place in respect of a small piece of land belonging to Goan Sabha of the village. The main dispute at the time of the occurrence was regarding its cultivation.

(2.) According to Krishna Dutta, father of Magan Lal deceased, he was in possession over the plot for the last 6-7 years and had sown paddy seeds, a day before the occurrence, i.e. on 18-7-1975, and when in the morning on 19-5-1975 he found (1) Asha Ram (2) Malkha son of Hardeva (3) Jaggan (4) Hardeva (5) Parsi (6) Dharam Pal (7) Tungal (8) Moti (9) Bhagtoo (10) Deep Chand (11) Malkha son of Latoor (12) Sumeru son of Bhikkhi (13) Mamraj (14) Babu (15) Hokum and (16) Sumera son of Mangta armed with lathis, spear and Gandasa, destroying the crops sown by him and on his protests they attacked as a result of which Krishna Dutta, Magan Lal, Ved Prakash, Jagan, Shiv Dutta, Paras Ram and Surjan received grievous and simple injuries and his son Magan Lal succumbed to his injuries when he was taken to the Hospital at Laksar. A written report of the occurrence was sent by Krishna Dutta to the Police Station which reached there at 2 P.M. at a distance of 8 miles.

(3.) Dharampal, one of the accused in the above case, also submitted his written report at police station Laksar at 2.35 p.m. on the same day wherein he named 18 persons as accused. As the Police submitted final report after investigation on the basis of his report, he filed a complaint under Section 147/148/323/324/307, I.P.C. on the basis of which the case was committed to the court of Sessions. The trial Judge decided both the Session Cases simultaneously. The trial Judge, however, believed the prosecution case in ST No. 391 of 1977, hence convicted and sentenced the accused named in the F.I.R. of Krishna Dutta under Sections 302/149, 307/149, 325/149, 324/149, 323/140 and Section 447 I.P.C. to life and various sentences of imprisonment against which Criminal Appeal No. 1931 of 1978 has been preferred. The trial Judge acquitted the accused of the complaint case, hence Asha Ram, the complainant, has preferred Criminal Appeal No. 109 of 1979 against the Judgement of acquittal.