CHHUTTU Vs. STATE OF U P

JUDGEMENT

(1.) B. P. Singh, J. Chhuttu, Chunna, Raghubir and Rajendra have filed this appeal against the judgment and order dated 23. 6. 1979 passed by the Vth Addl. Sessions Judge, Hamirpur, in S. T No. 184 of 1978, State v. Chhuttu and others under Section 302/34, I. P. C. , P. S. Panwari, District Hamirpur.

(2.) THE case of the prosecution, as was unfolded in the evidence of Akhlesh (P. W. 2) and other witnesses, is as follows: Krishna Kant, the deceased and accused Chhottu, Chunna, Raghubir and Rajendra are residents of village Bhawara P. S. Panwari District Hamirpur. Krishna Kant was the principal in the Intermediate College, Karari. Brindaban (P. W. 1) father of the deceased and Dariyao are first cousins. Brindaban's mother was the real sister of Dariyao, father of Moti Lal and Sunder. Accused Chhottu is the grand son of Moti Lal while Raghubir and Rajendra are son of Sunder. THEre was another brother of Dariyao named Mullu. Smt. Sumitra is the daughter of Mullu. Smt. Sumitra had become widow 30-35 year ago. Mullu died about 25 years back. After the death of Mullu, his name continued upon his cultivable land for some years. THEreafter, Smt. Sumitra applied for mutation of her name and finally her name was recorded over the agricultural plots. Krishna Kant used to do pairvi of the case of Smt. Sumitra and Krishna Kant had succeeded in getting a sale-deed executed by Smt. Sumitra for 5-6 Bighas land in his name. Smt. Sumitra's mutation case was against Moti Lal and Sunder. Smt. Sumitra had finally won her case from the Board of Revenue and after that she wanted that the land, which was transferred by her to Krishna Kant, be transferred back by Krishna Kant in her name. Both Moti Lal and Sunder had instigated Smt. Sumitra to claim back the land from Krishna Kant.

(3.) ON 15. 5. 1978 it was at about 6. 30 p. m. when Krishna Kant, Akhlesh (P. W. 2), Tikaram, Ratiram and Khatloo were returning after answering the call of nature. When these persons reached near the flour mill of Moti Lal, all the four accused i. e. , Chhottu; Chunna, Raghubir and Rajendra came out of the flour mill. At that time, Chhottu was armed with a country made pistol while three accused were carrying lathis. Rajendra, Raghubir and Chunna surrounded Krishna Kant and Chhottu fired upon Krishna Kant from the pistol. Krishna Kant fell down and died on the spot. The witnesses challenged the accused and the accused ran away.