JANGALIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 11/5/1983 passed by Special Judge, Bulandshahr in S.T. No.57 of 1983 whereby, the appellant no.1 (Jangaliya) has been convicted under Sec. 302 IPC and the appellant no.2 (Shiv Lal) has been convicted under Sec. 302 IPC read with Sec. 114 IPC and both have been sentenced to imprisonment for life.

(2.) The appeal of appellant no.2 (Shiv Lal) was abated vide order dtd. 27/11/2021 consequent to his death. This appeal therefore survives qua appellant no.1 (Jangaliya).

(3.) On a written report (Ex. Ka-1), dtd. 25/10/1982, scribed by Sunder Swarup (PW-2), made by Lakhpat Singh (PW-1), son of Nanua (the deceased), the first information report (FIR) was registered at P.S. Shikarpur, District Bulandshahr as Case Crime No.246 of 1982, at 19.00 hours, on 25/10/1982. The allegation in the FIR is that informant's chak (a consolidated piece of agricultural holding) adjoins the chak of his uncle (Tau - father's elder brother) Shiv Lal (appellant no.2). Three to four months before, the informant had installed a tube-well. The channel of its flow passed through the chak of his uncle (Shiv Lal). On 25/10/1982, the informant and the deceased were working in their chak when, at about 5 pm, informant's uncle (Shiv Lal) and his son (Jangaliya) (the surviving appellant no.1) started dismantling the channel which passed through their field. When the deceased requested them not to dismantle the channel, Shiv Lal abused him and exhorted Jangaliya to beat informant's father. On this exhortation, Jangaliya administrated ''Fawra' (spade) blows hitting the head of the deceased. On witnessing this, the informant, who was at the spot, raised alarm, as a result, Gagan Singh, Kewal Singh came running to the spot and witnessed the incident. By alleging that informant's father died on the spot and Jangaliya and Shiv Lal escaped with the ''Fawra' (spade), the FIR was lodged.