ONKAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Omkar Nath, Maiyadin, Narbada, Ganesh, Shankar and Chunni Lal have filed this appeal against the judgment and order dated 26-10-1978 passed by the IV Additional District and Sessions Judge, Banda, in Sessions Trial No. 254-A of 1975 convicting all the appellants under Ss. 148 and 302/149 IPC and sentencing each of them to two years' R.I. and imprisonment for life respectively thereunder. The charge against the appellants was that on 18-9-1975 at about 1.30 p.m. in village Kamasin they formed an unlawful assembly the common object of which was to cause death of Juggi Lal, Munni Lal and Devi Dayal and also committing the offence of rioting which were punishable under Ss. 148 and 302/149 IPC Omkar, Narbada and Maiyadin were further charged under S. 307/149 IPC with regard to the injuries caused to Munni Lal and Devi Dayal by their firearms.

(2.) The prosecution case is that Hori Lal owns a house in Kamasin town in the lower portion of which Juggi Lal maintained a shop situated only about 200 paces north to the police station Kamasin which has many adjoining shops. Omkar Nath's house is also at a short distance. The house of other accused is close to Omkar Nath's house. Appellant Chunni Lal lives in village Sunda.

(3.) On 18-9-1975 at 1.30 p.m. appellant Maiyadin, Omkar Nath and Narbada armed with guns and accused Ganesh and Chunni Lal armed with spears (Barchhi) came and Omkar Nath fired inside the shop of Juggi Lal and Munni Lal where these two and Devi Dayal were sitting at which time Hori Lal and his wife Raja Beti were on the first floor. At the firing of Omkar Nath, Juggi Lal shouted at which Munni Lal and Devi Dayal tried to run away when the three accused with guns fired as a result of which Munni Lal and Devi Dayal fell dead. Juggi Lal coming out of the shop was to climb the stairs for going to the first floor from the outer side. Juggi Lal was caught hold of by Omkar Nath and Maiyadin appellant who pulled him by his legs and dragged him towards the north side. The appellants Shankar, Ganesh and Chunni Lal inflicted injuries by the spears on Juggi Lal who went on crying and dragging continued till a field lying at a considerable distance in the eastern boundary of the village on the Kamasin-Rajapur-Dadu road. This field is said to belong to Surya Narain Srivastava who has been examined as CW 1 by the trial Judge. Hori Lal is said to have chased the assailants for some distance but then returned and after some time he again went in search of Juggi Lal along with his nephew Bhondu and his wife and brought back the dead body of Juggi Lal and placed it by the side of the bodies of Munni Lal and Devi Dayal.