KRISHNA NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment of Sri S. D. N. Singh, Sessions Judge, Mirzapur dt. 17-11-1978 convicting Krishna Naraian, Gaya Dutt, Shree and Bachchan under S. 302 read with S. 34 of the I.P.C. and his order dt. 21-11-78 by which he sentenced all these appellants to undergo imprisonment for life. The appellant Bachchan having died during the pendency of this appeal, it has abated against him.

(2.) The prosecution case is that the deceased Ashok Kumar Shukla on Aug. 7, 1977 between 9 and 9.30 a.m. had gone to his ancestral field bearing No. 15-Ga in the village Nisogi for paddy plantation accompanied by his nephew Ugrasen, son of Triloki Nath Shukla. He was expecting his brother Radha Krishna Shukla complaint P.W. 1 to come with labourers for the above work. Ashok Kumar Shukla finding the level of water inside his field to be more than 10 to 12 inches, cut its northern Bandh 2 to 2 1/2 feet high and 3 feet wide. The excess water through the opening created started flowing inside the field of the appellant Bachchan. The appellants, Sri Dutt and Gaya Dutt are his sons and Krishna Narain is the son of Gaya Dutt. While the water was being so discharged inside the field of the appellants to the immedite north of the bandh, all the four appellants arrived about half an hour after the opening had been so made in the above 'Bandh'. The appellants Sri Dutt and Krishna Narain were carrying 'Gandasa' (axe) and Gaya Dutt a 'lathi'. The appellants enquired from Ashok Kumar as to why he was discharging water in their field. Ashok Kumar told them that if they were being harmed thereby, he could close the opening in the bandh. Bachchan appellant thereupon exhorted that Ashok Kumar should not be allowed to escape. Even after he had fallen on being hit by lathi and Gandasa, the assault on him continued till Radha Krishna complainant arrived with the labourers numbering ten for the plantation of paddy. The alarms raised by Ugrasen at the time of the incident attracted the attention of Shiv Narain P.W. 2, who was passing from nearby and also Kamla and Rama Kant Shukla. The others in the nearby fields too rushed to the rescue of Ashok Kumar. The appellants showing their lathi and Gandasa made good their escape towards their house, Ugrasen P.W. 3, nephew of the deceased who had run some distance on seeing the furious mood of the appellants narrated to the informant Radha Krishna P.W. 1 as to how the assault by the appellants had started. Radha Krishna and Ugrasen arranged for a cot. They put Ashok Kumar who had not died till then on it and started for Churk. When they reached the bus stand, Ashok Kumar died. His dead body was taken to the police out post Churk pertaining to the police station, Robertsganj, where the report Ex. Ka 1 was lodged. Besides what has been alleged above, it is mentioned therein that the accused of this case in the year 1970 had committed the murder of another elder brother of the informant.

(3.) The post-mortem examinations of the deceased, Ashok Kumar had been done on 8-8-1977 by Dr. G. D. Burnwal. He had found the following ante-mortem injuries on his person:-