PRAN DATT Vs. STATE OF U P

JUDGEMENT

(1.) The appeal and revision are being disposed of by this common judgment as these arise out of order dated 7-11-1977 by Sri L. R. Kohli, learned Additional Sessions Judge, Nainital in S. T. No. 209 of 1976 convicting the appellants under Sections 307 and 149 of Indian Penal Code and sentencing each of them to five years RI. appellants Pran Dutt, Ganesh Dutt and Mohan Dutt were further convicted under section 149, Indian Penal Code and each of them was sentenced to one and half years R. I. appellants Amba Dutt, Kesho Dutt and another Kesho Dutt son of Purshottam were convicted under section 147, Indian Penal Code and each of them was sentenced to one years R. I. Mohan appellant was further convicted under section 27 of Indian Arms Act and sentenced to one years RI. Appellant Amba Dutt was further convicted under section 379, Indian Penal Code and sentenced to two years R. I. All the sentences were ordered to run concurrently. Following pedigree which was not controverted before me shall show the relationship amongst the appellants: Narain Dutt (Appellant) I I I I I Pran Dutt Amba Dutt Mohan Ganesh Dutt Kesho Dutt (Appellant) (Appellant) (Appellant) (Appellant) (Appellant) 1 2 3 4 5

(2.) Thus all these appellants are inter related; Kesho Dutt son of Purshottam appellant is their associate; all these appellants are residents of Chharail Nayabad Police Station, Haldwani, district Nainital. It was in 1973 when Ram Dutt Bhandari and his son was attacked by some of the appellants; Ram Dutt lodged a report in that connection which resulted in the convictions of two appellants. So the relations amongst the parties were embittered at time of occurrence. Appellants were out to exterminate the family of Ram Dutt. Bhuwan and Km. Suman children of Ram Dutt used to attend their schools in August 1976 and went on cycles. However, Ram Dutt and his sons were apprehensive and used to escort them. It was on 20th August, 1976 at 5.45 A.M. when Bhuwan and Km. Suman left on a cycle for their school they were followed by Ram Dutt Bhandari, and his sons Jagdish Chandra P.W. 3 and Gauri Shanker P.W. 4 who were riding a motor cycle. Ram putt also possessed his gun. The motor cycle was being driven by Jagdish Chandra; they however overtook the cycle of Bhuwan and Km. Suman near Sindhi gate; as the road was damaged there so the speed of the motor cycle was slow. All the appellants who were hiding in the sugarcane field emerged equipped with arms and waylaid Ram Dutt Bhandari and his children. Mohan exhorted his associates that family members of Ram Dutt should not be permitted to escape; on this utterance he fired a pistol shot which landed on the leg of Jagdish Chandra who was riding the motor cycle, Pran Dutt had a khukhari, Ganesh Dutt had a tabal and the remaining appellants had gandasas and lathis. Ganesh Dutt struck a blow on the right hand of Ram Dutt with tabal with the result that his gun fell down and was lifted by Amba Dutt; Ram Dutt, Gauri Shanker, Bhuwan and Jagdish Chandra were soundly trounced by the assailants. Gauri Shanker P.W. 4 seizing an opportunity ran to his house and informed his mother Smt. Mohni Devi P.W. 2 about the mishap. On that information Smt. Mohni Devi along with co-villagers reached the scene of occurrence; meanwhile assailants had decamped along with the gun of Ram Dutt.

(3.) Injured were carried by Smt. Mohni Devi with the help of co-villagers to the hospital and along with Jivan Bhatt her brother in-law she reached Police Station, Haldwani where a written report Exh. Ka. 1 scribed by Jivan Bhatt to her dictation was made over in informant; on the basis of this report FIR. Exh. Ka. 2 was drawn by head constable Indramani P.W. 5 in the same morning at 8.15 A.M. Distance of Police Station from scene of occurrence was 4 kms. Case was registered in Station Diary vide Exh. Ka. 3.