STATE Vs. JITTU AND ORS.

JUDGEMENT

(1.) These connected appeals are directed against the order of the learned Sessions Judge, Varanasi dated 21 -12 -1968 whereby the four accused namely Jittu, Mittu, Jiyan and Nando alias Nand Lal were acquitted of the charge Under Sec. 302 read with Sec. 34 IPC framed against them and accused Jittu alone was convicted Under Sec. 323 IPC simpliciter and was sentenced to six months' rigorous imprisonment. The State has challenged the acquittal of the accused persons of the charge Under Sec. 302 read with Sec. 34 IPC. Jittu has challenged his conviction and sentence Under Sec. 313 IPC.

(2.) Jittu, Mittu and Jiyan accused are brothers and Nandu accused is the son of Jittu. According to the prosecution the incident occurred on the 9th September, 1967 at 7 a.m. The person who lost his life was one Ram Behari alias Bilgu. The accused as well as the deceased resided in village Phulwaria, police station Gantt. Varanasi. The accused had a well to the north of which stood the field of the deceased. Formerly the paudar of this well was to the west but about three years ago the accused persons changed the direction of this paudar to the south. While doing so they opened a urani (drainage) to the north towards the field of Ram Behari. This is said to be the cause of quarrel between the accused on the one hand and the deceased on the other.

(3.) On the 9th September, 1967 in the morning Ram Behari who was a nai by caste was proceeding towards Varuna river for taking water which was to be offered on the ghant which had been erected in connection with the death of one Bhola Singh of the village. While Ram Behari was crossing the paudar of the well aforesaid, he was accosted by the accused persons out of whom Nandu had a spear whereas the rest were armed with lathis. All the four accused fell upon him with their respective weapons. The deceased to save himself ran to the south, but: chased by the accused. He fell down on the ground and he was still beaten. The marpit was witnessed by a number of persons on whose arrival the assailants made good their escape.