CHHOTEY LAL PASI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appeal has been preferred by three appellants, namely, Chhotey Lal Pasi, Raghubir Pasi and Billa Pasi against judgment and order dated 28-9-1981 passed by Sri S. L. Adarsh, the then Vth Additional Sessions Judge, Allahabad in Sessions Trial No. 332 of 1980. The first two appellants are real brothers whereas the third one Billa Pasi is son of appellant No. 1 Chhotey Lal Pasi, Billa Pasi has been convicted under Section 304 Part I, I. P. C. and sentenced to 8 years' rigorous imprisonment. The other two appellants Chhotey Lal Pasi and Raghubir Pasi have been convicted under Section 323 IPC and each of them has been sentenced to pay a fine of Rs. 200/ -. In default of payment of fine, each of them has to undergo 3 months' rigorous imprisonment.

(2.) THE relevant fact as unfolded from the FIR and evidence adduced at the trial may be stated shortly for the appreciation of the discussion that would follow thereafter. THE victims of the felony were Ramadhin deceased and Shiv Ram injured. THE incident took place on 7-6-1978 at about 1 p. m. in hamlet Chakia of village Rampur Dhamawan, P. S. Saini, District Allahabad. THE FIR was lodged by an eye- witness PW-1 Budhan Lal the same day at 5 p. m. THE distance of the police station from the place of occurrence was 4 miles. THE mother of the informant and of Ramadhin deceased had died and her Terahi ceremony was to be performed on the fateful day i. e. , 7-6-1978. THE appellant Chhotey Lal Pasi and Raghubir Pasi are the cousin brothers of the informant and deceased. Pyare Lal father of the deceased went to the appellants twice to request them for attending the customary feast of Terahi ceremony. THEy were refusing to attend it, as they wanted to be served wine at the time of feast. THE father of the informant and deceased was not prepared to offer wine. When the informant and his brother Ramadhin deceased came to know of this fact, they alongwith their maternal uncle Shiv Ram injured approached the appellant at their house situate at a distance of 15 paces on the fateful day at about 1 p. m. Ramadhin deceased told appellant Chhotey Lal Pasi that it was shameful for him to demand wine in Terahi of his mother and asked him to take the meal in the feast of Terahi ceremony. It infuriated the appellants who assaulted all the three, but the informant succeeded in running away. However, Shiv Ram was assaulted by them. Appellant Billa gave a pharsa blow on the head of Ramadhin. On the shouts raised by the informant, his father, Larmoo and Shital rushed up and witnessed the incident. THE appellants retreated. Ramadhin who had sustained pharsa blow fell down. While being taken to the hospital, he succumbed to his injury at about 4. 30 p. m. near Saini Inter College. His dead- body was then taken to the police station where the written report was lodged by PW-1 Budhan Lal (brother of the deceased ). THE case was registered and investigation followed. It was PW-4 Dr. Gyan Chandra Vyas who had examined Shiv Ram on 7-6-1978 at 7. 45 p. m. and the following injuries were found on his person : (1) lacerated wound 1 1/2" x 1/2" muscle deep on the right parietal region. (2) Traumatic swelling 2" x 2" on the dorsum of right hand on the medial half. (3) Traumatic swelling 3" x 2" on the dorsum medial surface of the left forearm in the middle. All the injuries were simple and caused by blunt object.

(3.) THE defence was of denial and false implication due to enmity. THE appellants Chhotey Lal Pasi and Raghubir Pasi also set up the plea in their statements under Section 313 Cr. P. C. that they had been instrumental in a loan being advanced to Ramadhin by Suraj Pal. Suraj Pal wanted Ramadhin to repay the loan for which he was not prepared and he also used to turn a deaf ear to their requests to repay the loan.