BANARSI Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. Appellants Banarasi and Hittru have been convicted under Section 302 and 302 read with Section 34, I. P. C. respectively and sen tenced to undergo imprisonment for life by Third Addl. Sessions Judge, Jaunpr. Aggrieved by this order they have preferred this appeal.

(2.) IN the first information report lodged by Nebu Lal Harijan at 6. 10 a. m. on 7-2-1978 it was alleged that a long standing dispute was existing between him and his pattidar Banarasi appellant. About 5 days before occur rence Banarasi and Smt. Dhanji had started constructing a house. The father of the reporter intervened and stopped them from making construction. On account of this incident Hittu, son- in-law of Smt. Dhanji came to the house of reporter and threatened his father with dire consequence. It is alleged that at about 11 in the night between 6th and 7th February, 1978 Nebu Lal PW 1, his father (Fakir), grand mother and sister were sleeping in the Osara of the house. A Dibri was burning in the Verandah as usual. At about 11 p. m. Banarasi, Hittu, Pujan, Male Ram, Milan and Ramnain came armed with Lathi and Ballam and started assaulting Fakir with fists and kicks. On his alarm the persons sleeping nearby awoke. Thereafter the accused dragged Fakir by catching hold of his legs. Banarasi said to his componion that this person (Fakir) had stopped his house and he should be killed. He inflicted Ballam blow in the stomach. On the alarm raised by the family members Ram Adhar, Shobhan, Jiywan, Sidhu and several others came flashing their torches. Accused ran away towards south. A local doctor Gulab was called. He gave first aid and bandage on the injuries of Fakir. Fakir died on his way to the hospital. Thereafter Nebu Lal lodged this first information report in police station Sarpataha, district Jaunpur.

(3.) TRIAL proceeded against the two appellants, and Pujan, Male Ram, Milan and Ramnain. The prosecution examined Nebulal P. W. 1, Ram Adhar, P. W. 2, Sidhu Yadav P. W. 4 as eye witness. P. W. 2 Dr. R. P. Rastogi had conducted the post-mortem examination. P. W. 10 Gulab Chand as stated above has given first aid to the deceased. Krishna Bali P. W. 11 is the investi gating officer P. W. 9 Bachcha Singh is the recovery witness of the spear Ext. 5.