AYODHYA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants Ayodhya Singh, Lal Ji Singh, Man Bahadur Singh, Bharat Singh, Bhanu Pratap Singh against the judgment and order dtd. 4/4/1986 passed by the III-Additional Sessions Judge, Gonda in Sessions Trial No. 386 of 1985 State Vs. Ayodhya Singh and others Police Station Kotwali Dehat convicting the appellants and sentencing each of them six months rigorous imprisonment under Sec. 147 IPC, six months rigorous imprisonment under Sec. 323/ 149 IPC and to the imprisonment to life under Sec. 302/149 IPC.

(2.) During the pendency of appeal, appellant No. 1 Ayodhya Singh and Appellant No. 2 Lal Ji Singh, have died and the appeal stood abated with regard to the appellants No. 1 and 2.

(3.) Wrapping the facts in brief, on 19/4/1984 at about 2 p.m. Jagannath Singh, lodged a written report that his brother Vishwanath Singh was thrashing wheat in the field and his son Dabbu and one Rudra Prasap son of Ayodhya Singh were playing. Both the boys started quarreling. Rudra Pratap went to his house weeping. After some time Ayodhya Singh, Lalji Singh, Man Bahadur Singh, Bharat Singh and Bhanu Pratap Singh armed with lathies, arrived and started scolding Dabbu Singh. Vishwanath Singh also went there and asked as to what was the matter. The aforesaid accused thereupon started beating Vishwanath Singh with lathi. Vishwanath Singh also plied khodni in his self-defence. On the alarm raised by Vishwanath Singh informant Jagganath Singh and his brother Jagdish Singh, rushed to the spot and tried to save the deceased Vishwanath Singh. Jagdish Singh also sustained injuries. Witnesses Hanuman Singh, Ram Karan Singh alias Ghullur Singh, Jai Prakash Singh, Sipahi Singh and Ram Deo Singh intervened and the accused person then left the spot. Vishwanath Singh was being taken to the hospital by the informant and others, when he succumbed to death due to the injuries sustained by him.