KALI CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Through this appeal the 11 appellants namely Kali Charan, Ram Charan, Keshri, Jasi, Nanhkoo, Mangroo, Salik, Gurudin, Rampher, Baboo and Jairam Challenge the judgment and order dated 7-10-1980 passed by the II Additional Sessions Judge, Sultanpur in Sessions Trial No. 163 of 1979, whereby they have been convicted and sentenced in the manner stated hereinafter: (i) Under Section 304/149 I. P. C. to imprisonment for life. (ii) Under Section 324/149 I. P. C. to two years R. I. (iii) Under Section 323/149 I. P. C. to six months R. I. In addition appellants Nanhkoo and Jai Ram have been convicted for the offence punishable under Section 148 I. P. C and sentenced to two years R. I. and the remaining appellants under Section 147 I. P. C. to one year's R. I. The Substantive sentences of the appellants have been ordered to run concurrently. It is pertinent to mention that during the pendency of the appeal appellant Shriram died and consequently vide an order dated 11-10-1996 passed by a Division Bench of this Court comprising of D. K. Trivedi and I. M. Quddusi JJ. the appeal preferred by him was directed to abate.

(2.) SHORTLY stated the prosecution case runs as under: At the time of the incident the informant, the deceased, witnesses Darshan, Panchu, Pancham, Ludur, Lutawan, Jasi and Bhukhali and appellants Kali Charan, Ram Charan, Keshri and Shriram were living in village Rampur, within the limits of Police Station Gosainganj, in District Sultanpur. At the time appellants Jasi, Nanhkoo, Mangroo, Salik, Gurudin, Rampher, Baboo and Jairam were living in village Mojapur hamlet of Barosa, which was situated contiguous to village Rampur. On 21-3-1978 at about 4 p. m. when the informant's sister-in-law (wife of deceased Chhitanoo) was coming alongwith her pigs in the backyard of appellant Kali Charan appellants Kali Charan and Ram Charan abused her. An altercation ensued between the said appellants and informant's sister-in-law. She later came home alongwith pigs. An hour later i. e. at 5 p. m. the same evening appellants Nanhkoo and Jai Ram armed with ballam and the remaining 10 appellants namely Kali Charan Ram Charan, Keshri, Shriram, Jasi, Mangroo, Salik, Gurudin, Rampher and Baboo armed with lathies came to the door of the deceased Chhitanoo. At that time Chhitanoo was ill and was lying at his door. The appellants started assaulting him. Hearing the cries of Chhitanoo and his wife, the informant, Bhukhali P. W. 3, Duma @ Dumman P. W. 4, Lutawan P. W. 5, Panchu, Pancham and Ludur and some others rushed to the place of the incident and intervened. Some of them also suffered injuries. At the time of leaving, the appellants damaged the house of Chhitanoo causing damage of Rs. 50/- to him. After the appellants had run away the informant Bansi alongwith the injured proceeded to Police Station Gosainganj the same day, where he lodged his First Information Report at 7 p. m. It is pertinent to mention that the distance between the place of incident and police station Gosainganj, was 4 miles.

(3.) THE case was investigated in the usual manner by S. I. B. D. Singh P. W. 7 who after completing the investigation submitted the charge-sheet against the appellants.