BAL GOVIND Vs. STATE OF U P

JUDGEMENT

(1.) -This is a criminal appeal against the judgment and order dated 30th April, 1981 of the then IVth Additional Sessions Judge, Mirzapur in Sessions Trial No. 259 of 1979 convicting the accused-appellant Bal Govind and sentencing him to undergo two years R.I. under Section 148, I.P.C., imprisonment for life under Section 302/149, I.P.C., three years R.I. under Section 325/149, I.P.C. and one year R.I. under Section 323/149, I.P.C., while convicting and sentencing the accused-appellant Kewal, Arjun Prasad, Ram Autar, Sarju, Ram Narain, Ramdhani, Ram Adhin, Tulasi, Shiv Prasad, Bachau, Daya Ram and Bahadur to undergo two years R.I. under Section 147, I.P.C., imprisonment for life under Section 302/149, I.P.C., three years R.I. under Section 325/149, I.P.C. and one year R.I. under Section 323/149, I.P.C. and directing all the sentences to run concurrently.

(2.) THE prosecution story briefly stated is that there had been a partition suit pending in the Court of Robertsganj between Ram Prasad and others on the one side and Ram Autar and others on the other in respect of 33 bighas of agricultural land ; there took a simple marpit among them two days before the incident ; subsequently Ram Prasad and others along with the members of their respective families shifted to their pahi village Raghunathpur. It is alleged that on 11.7.1979 at 1 p.m. Bal Govind, Kewal, Ram Autar, Arjun, Sarju, Ram Narain, Ram Dhani, Ram Adhin, Tulasi, Shiv Prasad, Daya Ram, Bachau and Bahadur reached the door of the house of Ram Prasad. Bal Govind allegedly armed with a kulhari whereas others were holding lathis in their respective hands. THEy started beating Ram Prasad, consequently he raised alarm hearing which Bishun Dhari, Ram Kishun, Daddhi, Ram Bali, Hari Nath, Tulasi, his mother, wife and aunt reached for his rescue ; Bal Govind is alleged to have struck Bishundhari with kulhari ; Ram Autar incited, excited and exhorted to kill them all. THEy wielded lathis on them, ladies ran inside the house to save themselves but they all chased them, entered the house and assaulted them. Kayar son of Sakal Yadav and Raghunandan son of Budhai rushed up and challenged them with the result that they went back to the village Bahuar ; receiving injuries Bishundhari fell down unconscious on the spot and became speechless. One hand of the wife of Ram Prasad allegedly got fractured. All the injured persons went on foot to the police station Robertsganj, district Mirzapur. Bishundhari was taken there on a cot in unconscious stage. Ram Prasad lodged an oral report with the police station. Consequently, a case was registered there. All the injured persons were sent to the Primary Health Centre, Robertsganj, district Mirzapur. Dr. R. A. Mishra, the then Medical Officer, Robertsganj, examined. Bishundhari, Smt. Sugia, Ram Prasad, Daddhi, Ram Bali, Smt. Punwasi, Harnam, Smt. Sumitri, Ram Kishun and Tulasi and found on their persons such injuries which have been noted under their names in the injury reports vide Ext. Ka-2, Ka-3, Ka-4, Ka-5, Ka-6, Ka-7, Ka-8, Ka-9, Ka-10 and Ka-11, respectively. Bishundahri died in the hospital itself. His dead body was sent to the mortuary where Dr. B. J. Khanna conducted the post-mortem and found such ante-mortem injuries on his dead body as have been noted by him in the post-mortem examination report vide Ext. Ka-20.

(3.) THE prosecution examined Ram Prasad (P.W. 1), Ram Bali (P.W. 2), Dr. R. A. Mishra (P.W. 3), Raghunandan (P.W. 4), Kayar (P.W. 5), Banshu Ram S.I. (P.W. 6), Dr. B. J. Khanna (P.W. 7), Abdul Zabbar Khan S.I. (P.W. 8), Deo Das (P.W. 9), Satya Narain Singh (P.W. 10), Shyam Narain Pandey (P.W. 11), Dr. G. C. Baranwal (P.W. 12), Parmatma Pandey (P.W. 13), Jai Shankar (P.W. 14) and Mohammad Siddique (P.W. 15) and produced certain documents to prove its case against the accused-appellants.