BHAIYA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26-2-1981 of Shri G. D. Chaturvedi, the then Sessions Judge, Hamirpur, in Sessions Trial No. 160 of 1980 convicting and sentencing all the appellants to imprisonment for life under S. 302 read with S. 149 I.P.C., and to 2 years rigorous imprisonment under S.307/149 I.P.C. Appellants Bhaiya Lal, Raghuraj and Shyam Sunder have been sentenced further rigorous imprisonment for 3 years each under S. 148 I.P.C. while other appellants have been sentenced to 2 years rigorous imprisonment each under S. 147 I.P.C.

(2.) Undisputedly appellants, Bhaiya Lal, Beta Lal Prahlad, Raghuraj are real brothers being sons of Mehdi Kachhi. Appellant No.5 Ram Manohar is son of appellant Raghuraj while Shyam Sundar is nephew of Raghuraj appellant.

(3.) Prosecution case in brief is that in the evening of 17-2-1980 one buffalo of Raghuraj and one bullock of Beta Lal accused trespassed into the field of Jhandu P.W. 2 and started grazing wheat crop sown by Jhandu. Smt. Ram Dulari P.W. 3 drove out the aforesaid cattle from her field.