INDERPAL ; PUTTI LAL Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. All the seven appellants, above named, have been convicted and sentenced to imprisonment for life under Section 302 read with Section 149 IPC. They have been further sentenced to undergo six months R. I. each under Section 323 read with 149 IPC. Appellants Mewa Lal, Putti Lal, Inderpal, Narendra Bahadur Singh, Lallu Singh and Shiv Narain alias Patarwar have been sentenced further to two years R. I. each under Section 148 IPC while appellant Babu Ram appellant has been sentenced to one year R. I. under Section 147 IPC. All the sentences have been ordered to run concurrently.

(2.) IN an incident which occurred at the house of Sheo Lal in village Kachura within the area of police station Narwal, Babu Singh was killed while Bhikam Singh, P. W. 3, Bal Kishan Singh, Smt. Kusma P. W. 5, Badalu and Ram Nath sustained injuries. First INformation Report of the said incident was lodged at police station Narwal on the same night at 10. 30 p. m. by injured Bhikam Singh P. W. 3 wherein all the appellants were nominated as assailants. INderpal and Putti Lal were alleged to be having Kulhari, Babu Ram a lathi, Narendra Bahadur Singh and Lallu Singh Guns and Shiv Narain and Mewa Lal Pharsa. According to the prosecution case at the time of incident in question the marriage party of the daughter of Sheo Lal had arrived at the door of Sheo Lal. Deceased Babu Singh and his brother injured Bhikam Singh had also gone to Sheo Lal's house to attend the marriage. Dwarachar was being performed in front of the house of Sheo Lal. Chhote Singh, P. W. 4 and several other persons had assembled at the door of Sheolal to receive the Baratis. Lighted pertomax were hanging at the door as well as inside the house of Sheolal. At about 8. 15 to 8. 30 p. m. the present appellants with their respective weapons alongwith three unknown persons who were having Pharsa and Spear came at the door of Sheo Lal from southern side. Finding Babu Singh deceased there Putti Lal accused shouted that he be not spared whereupon accused Lallu Singh and Narendra Bahadur Singh fired in air from their Guns to scare away the persons assembled there. On account of this firing the Baratis started running here and there. Lallu Singh and Narendra Bahadur Singh then caught hold of Bhikam Singh P. W. 3 and Babu Ram and three unknown persons started assaulting him with hands, fists and lathi. Bhikam Singh tried to get rid of their clutches but in vain. Putti Lal asked other persons to deal with Babu Singh first. Hearing this challenge, Babu Singh ran inside the house of Sheolal to save his life but accused INderpal, Mewa Lal, Shiv Narain chased him and they also entered into the house of Sheo Lal. Narendra Bahadur Singh and Lallu Singh accused left Bhikam Singh and they also followed their companions and entered into the house of Sheolal. Chhotey Singh, P. W. 4 Ram Nath, Badlu and Sheolal requested the accused persons to spare Babu Singh and others but they did not listen. INside the house, accused Mewa Lal asked the inmates of house to leave the place else they would be killed. The wife of Sheolal and his daughter Kusma P. W. 5 also requested the accused persons not to disturb the marriage function but to no effect. Mewa Lal snatched the gun from Narendra Bahadur Singh and threatened the wife and daughter of Sheolal and they were also assaulted. The other accused and three unknown persons then apprehended Babu Singh in the southern Court yard of Sheolal's house, fell him down and started assaulting on his neck with Kulhuri and pharsa. After causing injuries to Babu Singh all the assailants ran away with their respective weapons towards west of village Kachura.

(3.) IN the opinion of the doctor cause of death was shock and hemorrhage as a result of ante-mortem injuries. Post-mortem report is Ex. Ka-38.