DEO RAJ Vs. STATE OF UP

JUDGEMENT

(1.) A family consisting of husband Girdhar (A-3), wife Ram Dayee (A-4), son Deo Raj (A-1) and son-in-law Ram Lal (A-2) have preferred the above two connected appeals against the judgment and order dated 8.8.1983 passed by IInd Additional Sessions Judge, Fatehpur in two connected Sessions Trial S.T. No. 488 of 1981, State Vs. Girdhar and another and S.T. No.589 of 1981, State Vs. Deo Raj and another. By the impugned judgement and order, all the appellants were held guilty under Section 302/149 I.P.C. and therefore, were convicted for that crime and sentenced to imprisonment for life. Appellants (A-1), (A-2) and( A-3) were also convicted under Section 323/149 I.P.C. and sentenced to four months R.I. Appellants (A-3)and (A-4) were convicted under Section 147 I.P.C. and with sentence of 9 months R.I., appellants (A-1) and (A-2) were convicted under Section 148 I.P.C. with impose sentence of one year R.I. and appellant (A-4) was convicted under Section 324/149 I.P.C. and was sentenced to one year R.I. It is aforesaid convictions and sentences, which are now in question in the instant appeals.

(2.) Ab initio, it is mentioned that ( A-3) and (A-4), Girdhar and his wife Ram Dayee have expired, pendente lite their Criminal Appeal 1854 of 1983 in this court and therefore that appeal already stood abated vide order dated 21.5.2012 passed by our predecessor Bench. This has now left us to consider appeals of rest of the two surviving appellants (A-1) and (A-2) in Criminal Appeal No.1853 of 1983.

(3.) Shorn of unnecessarily details and stated laconically, prosecution allegations, as was scribed in the written F.I.R., Exhibit Ka-1, coupled with Chik F.I.R., Exhibit Ka-4, divulged during the investigation and later on testified by the fact witnesses, Rajendra P.W.1 and Chinka P.W.2, during the Sessions Trial, were that the informant Rajendra P.W.1 and three of the accused (A-1), ( A-3) and (A-4) were co-villagers being residents of the same village Rampur Kurmi, Police Station Chandpur, district Fatehpur and son-in-law (A-2) is the resident of another village Chuhulpur. Kamal Kishore @ Sudama (deceased) and Jagdish (injured) are the elder brothers of the informant Rajendra P.W.1, whereas Chinka (injured P.W.2) is his younger brother. A mango tree was standing in the plot of (A-3), but seven or eight months prior to the date of the present incident, the same was cut by the informant, deceased and injured regarding which a FIR was lodged by (A-3) against them, in which after due investigation charge sheet was submitted by the police against Kamal Kishore @ Sudama (deceased), Jagdish and Chinka (both injured), Ram Sajivan and the informant, PW1. All these persons had to get themselves bailed out. On the date of the present incident 29.6.1981, Criminal trial in respect of that tree cutting was pending in the competent court.