HARIJAN Vs. STATE

JUDGEMENT

(1.) Heard Ms. Jigyasa Singh and Ms. Rajeshwari Singh learned Advocates for the appellants and Sri Rupak Chaubey learned AGA for the State-respondents.

(2.) This appeal is directed against the judgment and order dtd. 16/12/1986 passed by the 2nd Additional Sessions Judge, Ghazipur in Sessions Trial No. 68 of 1986 (State vs. Siri Harijan and Sripat Harijan) whereby appellants Siri Harijan and Sripat Harijan have been held to be guilty for the offence punishable under Sec. 302 readwith Sec. 34 IPC and have been convicted and sentenced to undergo life imprisonment.

(3.) The prosecution case starts with the first information report lodged on a report scribed by Head Moharrir Sri Shyam Narain Yadav on the statement of deceased Dhorha Harijan. The said report which was lodged on 7/1/1986 at about 10:10 AM for the incident which occurred on the said date at about 7:00 AM, was a Non-cognizable report registered as NCR No. 3/86 under Ss. 323/504 IPC. The report was scribed on the statement of the injured Dhorha (later deceased) stating that the assailants/accused were his own sons who were living separately from him. The deceased was residing with his brother Pati Ram at the time of the incident, the accused assaulted him with Lathis while saying that if their shares were not given, they would kill him. On hue and cry raised by the informant (injured himself), many people came to save him.