GOREY LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant from jail against the judgment and order of Fifth Additional Sessions Judge, Hamirpur convicting and sentencing the appellant to imprisonment for life under S. 302 of I. P. C. and six months rigorous imprisonment on each count for voluntarily causing hurt to Mewa Lal, Umesh Chandra, Rajaram under Ss. 324, I.P.C. and to one year rigorous imprisonment for voluntarily causing hurt to Shiv Kumar under S. 324 of I. P. C. All the sentences were directed to run concurrently.

(2.) The case of the prosecution was that Gaya Prasad had come to his village after taking leave from the District Hospital Hamirpur. He alongwith Prahlad, Bihari, Jagannath and Malkhan were present on the morning of 24-5-1983 in the vegetable field of Ramlal situated in village Kewtara Majra Patara P. S. Kurara district Hamirpur. Appellant Gorey Lal came and demanded some vegetable and 'Kharbuja'. When Ramlal refused to give the vegetable etc. Gorelal became angry and went away saying that soon he will see him. At about 10 a.m. on the same day Gaya Prasad P. W. 1 and Malkhan P. W. 2 were bathing in the nearby river. Ramlal was washing his face near them. Gorey Lal came armed with 'Song'. He inserted 'Song' in the head of Ramlal and turned it several times. He gave several blows with 'Song' on the body of Ramlal. Ramlal fell in the river and started crying. Gaya Prasad and Mlkhan chased Gorey Lal. On the alarm raised by Gaya Prasad and Malkhan villagers also chased Gorey Lal. He climbed on a 'Peepal' tree of 'Koreshwar'.

(3.) Gaya Prasad went to the police station and lodged the report in the police station at 12.30 p.m. on 24-5-1983. After lodging of the report Suresh Kumar Singh P.W. 6 went to the place of occurrence. He found a huge crowd near Kureshwar temple. He found that the appellant was sitting on the peepal tree near the temple. Despite request of Surendra Kumar Singh the appellant did not come down. Consequently the investigating officer left Umesh Chandra P.W. 4 and Rajaram P.W. 5 Constables at the spot to watch the accused-appellant. He went to the place of occurrence and conducted the inquest proceeding. He handed over the dead body in a sealed cover to Parshuram and Harishchand. He also made other investigation at the spot. The investigating officer came back to Kureshwar temple about 3.45 p.m. He saw that the appellant was attacking the crowd with 'Song' in both of his hand. Umesh Chandra had fired twice in the air to overpower the appellant. The appellant became more infuriated and caused injury to Umesh Chandra. Appellant also attacked Rajaram constable P.W. 5. Rajaram in an attempt to save himself from the attack got entangled in a nearby lying cot and received injury. Rajaram had fired a shot which struck appellant in his leg. The appellant made another attack on Rajaram. Rajaram fired again which hit the appellant in his right shoulder. On receiving this shot the 'Song' in the hand of appellant fell down and he ran towards the river Betawa. Surendra Kumar Singh and another arrested him in the river at about 4. p.m. Surendra Kumar Singh took the appellant in custody and went to Police Station Kurara and dictated a report of this incident to the Head Moharrir at 5.40 p.m. on 24-5-1983. A case under S. 332, 353 and 307, I.P.C. was registered against him. This case was investigated by Sub-Inspector Ram Shiromani Gautam P.W. 7.