MAHIPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 19.09.1984 passed by 6th Additional Sessions Judge, Aligarh in S.T. No. 438 of 1983 (State v. Mahipal and others). The appellants were convicted under Section 148, I.P.C. and sentence to under for two years rigorous imprisonment and the rest of the appellants were convicted under Section 323, I.P.C. read with Section 149, I.P.C. and sentence to six months rigorous imprisonment and all the appellants were also convicted under Section 324, I.P.C. read with Section 149, I.P.C. and sentence to two years rigorous imprisonment and all the sentences were directed to run concurrently. The appellant Nos. 1 (Mahipal) and 2 (Prem Pal) have expired during the pendency of the appeal, hence, the appeal against the appellant Nos. 1 and 2 was ordered to be abated vide order of this Court dated 07.01.2011.

(2.) The prosecution case, in brief, is that on 29.03.1983 few days before the Holi Festival, there was a sad demise in the family of one Jitendra Kumar as his uncle had expired. Hence, Jitendra Kumar and Prem Sharma were not playing colours or celebrating the Holi Festival. On the date of the incident, when the festival of colours was going on then at about 3:00 p.m. in the afternoon Jitendra Kumar and Prem Sharma were sitting on their Chabutara along with Amar Singh, Shishu Pal and Man Singh and others. The accused Banwari and Chandra Pal while playing colours had come there and started throwing wet mud on them on which Jitendra Kumar and Prem Sharma told them not to do so. On which accused Banwari and Chandra Pal started abusing them. Further, the person sitting on the Chabutara also asked them not to do so on which Banwari and Chandra Pal threatened them and said that they will again come and went away. After short while accused Mahipal and Banwari armed with pharsa, Chandra Pal, Ram Pal and Rishi armed with lathies arrived at the place of occurrence and on the exhortation of Mahipal, Banwari assaulted with pharsa and other accused with lathi and pharsa started assaulting Jitendra Kumar and Prem Sharma who were injured and the accused persons ran away. Out of fear the persons sitting out of chabutara did not try to save the injured and the accused kept on assaulting them.

(3.) Jitendra lodged a first information report at police station Kuarshi after getting it written from one Harendra Pal Singh on the same day at about 4:15 p.m. Prem Sharma, Harendra, Jitendra Kumar and others have gone to the police station and from there injured Prem Sharma and Jitendra Kumar were sent for medical examination to Malkhan Singh, Hospital, Aligarh.