THAKUR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by Thakur Prasad, Ramji, Kashi Prasad, Lalji Lal and Chhannu Lal alias Virendra Prasad Lal against the judgment and order dated 17/7/1979, passed by Sri S.S. Gupta, the then IVth Additional Sessions Judge Varanasi, in S.T. No. 238 of 1976, whereby the appellants have been convicted under section 307/149 I.P.C. and sentenced to five years R.I. The appellants have also been convicted under sections 332/149 and sentenced to one Years R.I. and a fine of Rs. 200.00 each. Appellants Thakur Prasad, Kashi Prasad Lal, Chhannu Lal alias Virendra Prasad Lal and Lalji Lal have been further convicted under section 225/149 I.P.C. and. sentenced to one years R.I. and a fine of Rs. 200.00, each, while appellant Ramji has been further convicted under section 224 I.P.C. and sentenced to 6,months R.I. and a fine of Rs. 100.00 and all the appellants have also been further convicted under section 147 I.P.C. and sentenced to 6 months R.I. and a fine of Rs.100.00, each. In default of the payment of fine of Rs. 200.00 each, for each of the offence imposed on them they have also been directed to further undergo R.I. for two months each, directing all the sentences to run concurrently.

(2.) The prosecution case, in brief, is that Sri Jagarnath Pandey, A.S.I., Police Station Bargaon, Distt. Varanasi at about 7.30 A.M. on 10/8/1975 had gone to Sonpurwa in connection with the investigation of a case under section 323/427 I.P.C. in the company of constables Uma Shanker Pandey & Chhavinath Singh. On reaching village Sonpurwa at about 12.00 noon, he got an information that Ramji Lal, who was wanted in a theft case, was present along with 2 or 4 companions on his tube well in village Dayalpur. Alongwith Uma Shanker and Chhavinath constables the A.S.I. started for village Dayalpur via Simraha for effecting arrest of Ramji Lal a wanted accused. In village Simraha, two constables Amresh Singh and Awadh Narain Singh met them and they also accompanied them. These two constables Amresh Singh and Awadh Narain Singh were armed with rifles and muskets. A.S.I. Jagarnath Pandey along with these four constables reached village Dayalpur where they got an information that Ramji Lal along with his two companions was present on the pumping set Then the police party proceeded towards the pumping set and when they were at a distance of 40 or 50 steps from the tube well, Ramji Lal along with his companions started running away, but Ramji Lal was arrested after giving chase and inflicting some injuries on his person. However his companions succeeded in making good their escape. After the arrest, Ramji Lal told the A.S.I. that the door of his pumping set was open, let it be locked and the key sent to village and, thereafter, he would accompany them in the place where ever they liked. When he was going towards the pumping set, about 14 or 15 persons came from the side of village Durjanpur making noise and they wanted Ramji Lal to be released. At that time Thakur Prasad, Kashi Prasad Lal, Chhannu alias Virendra Prasad Lal and Lalji were armed with lathis, while Gulab Shanker Singh, Vijai Shanker Singh, Bechan Singh, Ram Sagar Singh, Ghamandi Ram Yadav and 4 or 5 others whose name they did not know were empty handed. When the police party did not agree to set Ramji Lal at liberty the villagers surrounded them and exhorted to assault the police people get Ramji Lal released and they tried to get Ramji Lal freed forcibly. The persons who were empty handed took the pieces of Bomboos and the persons who were armed with lathis began to assault them. Thankur Prasad gave a lathi blow on the head of A.S.I., Jagarnath Pandey, who fell down on the ground and he became unconscious. It is further said that the accused party tried to throw the A.S.I. into a well and in that bid they dragged him, after assaulting constable Amresh Singh with lathis and pieces of Bamboos. The constables who were armed with guns challenged to leave the A.S.I otherwise the shot will be fired. Gulab Shankar Singh co-accused told that police had got no power or right to shoot with guns and asked his companions to throw the A.S.I. into the well. Amresh Singh finding no other way, fired a shot which hit Thakur Prasad Lal, appellant as a result of which he fell down. Meanwhile Kashi Nath Lal gave a lathi blow on the gun of Amresh Singh and the gun became out of order. After firing the accused persons took away Thakur Prasad Lal and got Ramji Lal freed. Amongst the assailants accused Thakur Prasad Lal, Kashi Nath Lal, Ramji Lal, Chhannu Lal, Gulab Shanker Singh, Lalji Lal, Bechan Singh, Ghamandi Ram Yadav, Vijai Shanker Singh and Ram Sagar Singh were recognized. Rest of the persons were also identified. The incident is said to have been witnessed by Han Shanker Chaubey and Ram Mani Singh residents of village Mahimapur, Shiv Narain Upadhyay of village Tilkar, Damodar Mishra and Shyam Bali Mishra residents of village Mahine, Uma Shanker Singh and Kamla Singh of village Dayalpur, who are said to have arrived at the scene of the occurrence. Some persons arc said to have taken the A.S.I. and constable Amresh Singh on cot to the hospital of Beraon. Constable Chhavinath Singh was also in the company of A.S.I. Constable Uma Shanker Pandey brought the gun and cartridges of Amresh Singh along with constable Avadh Narain Singh. The F.I.R. of the occurrence was lodged at 5.30 P.M. on 10.8.1975 by Constable Uma Shanker Pandey at Police Station Bargaon, Distt. Varanasi. The distance of the place of occurrence from the police station is about 8 miles. The injuries of Jagarnath Pandey, A.S.I. were examined at 5.30 P.M. on 10.8.1975, while the injuries of Amresh Singh were examined at 6.00 P.M. on 10.8.1975.

(3.) The Doctor found following injuries on the person of Jagarnath Pandey: