KASHI PRASAD Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 25.4.1981 passed by IVth Additional Session's Judge, Jalaun at Orai in S.T. No. 116/1978, State vs. Kashi Prasad & others, relating to police station Konch district Jalaun, by which decision, appellants were convicted and sentenced for offences under sections 148, 342, 426, 307 IPC, for causing injuries to injured Panche (later on deceased). Appellants Kashi Prasad and Rajendra Singh were convicted under section 307 IPC and were implanted sentence of five years' R.I. for that offence. For offences under sections 148, 342 and 426 IPC, the two appellants Rajendra Singh and Brij Kishore were sentenced to one year, six months and three months R.I. respectively. Learned trial judge has further directed their sentences to run concurrently. Appellants Suraj Singh and Pancham were convicted under section 307, 147, 342 and 426 IPC for causing injuries to Govind Singh, Phool Singh and Dal Chand and were imposed sentence of four years, six months, three months and six months R.I. respectively for those offences. Appellant Brij Kishore, however, was convicted only under sections 342, 426 and 147 IPC and was imposed with the same sentence as was awarded to other appellants for those charges. Challenge in this appeal by the appellants is to their aforesaid conviction and sentences.

(2.) Pendent elite consideration of their appeal in this court, three of the appellants Kashi Prasad, Suraj Singh and Pancham expired and therefore, vide order dated 6.9.2005, their appeals stand abated. Thus, now appeals of rest of two surviving appellants, Rajendra Singh and Brij Kishore is to be considered.

(3.) Unfolded background facts, as are decipherable from the written FIR, Exhibit ka-1, and evidence of the informant Virendra Singh, PW-1, were that on 19.6.1976 at 12 noon PW-1 was straightening his southern wall to make it straight with the projection along with mason Titoo, cousin brother Phool Singh, Govind Singh resident of village Satoh, Dal Chand Kurmi resident of Birguwan, who was the father- in- law of his sister and his servant Panche Mehtar. Govind Singh had arrived at the incident scene on a tractor of Rajendra Singh r/o village Satoh. At that time appellants Kashi Prasad, armed with a SBBL gun and Rajendra Singh, armed with a country made pistol, arrived at the construction site and forbade erecting of wall, claiming the land belonging to them. This interdicting was followed by a verbal tirade between both the sides. Amongst such vestigial, both Kashi Prasad and Rajendra Singh, resorted to firing causing injuries to Phool Singh, Panche, Dal Chand and Govind Singh. Accused also fired at the rear wheel of the tractor and punctured it. After committing such crime, accused retreated from the spot. Nathu Ram, resident of informant's village, who in relation was his uncle, boarded Govind Singh in the tractor of Dal Chand and took him for his medical treatment. In another tractor of Nathu Ram Kurmi, other injured Phool Singh, Panche and Dal Chand alongwith Nathu Ram, Hari Singh, Babboo Raja and Shyam Sunder also proceeded for the hospital and when their tractor arrived near the grove of Mauji Lal, situated in Panchhipura, they were surrounded by the appellants Kashi Prasad, Rajendra Singh, Pancham, Brij Kishore and Suraj Singh, out of whom Kashi Prasad and Suraj Singh were armed with guns, Rajendra Singh with a country made pistol, Pancham with a spade and Brij Kishore with lathi and they all instigated to eliminate the injured party. Hearing the instigation Babbu Raja, Hari Singh, Shyam Sunder, Nathu Ram, Dal Chand and Phool Singh alacritically alighted from the tractor and sprinted away to save their lives. Panche Mehtar, who had sustained some grievous Injuries, however, could not made his escape good and remained in the tractor. He was forced to alight from it and thereafter tractor was taken towards north to Harsakari pond and there, after damaging it, was pushed in it. Panche Mehtar was kidnapped by Kashi Prasad and Rajendra Singh, who confined him illegally in their house. This incident was witnessed by Nathu Ram, Hari singh, Shyam Sunder, Babbu Raja, Tulsi and many other co-villagers.