LACHCHI Vs. STATE OF U.P.

JUDGEMENT

(1.) These three appeals arise from the judgment and order dated 19.4.1983 passed by the Sessions Judge, Jhansi convicting the accused appellants under Sec. 302 read with Sec. 34 I.P.C. and Sec. 324 I.P.C. read with Sec. 34 I.P.C. and sentencing them to rigorous imprisonment for life on the first count seven years' rigorous imprisonment on the second count, and two years' rigorous imprisonment under the third count. All the sentences have been ordered to run concurrently.

(2.) The learned counsel appearing for the accused appellant Bharosey in Criminal Appeal No. 1669 of 1983 made a statement before this court on 17.2.1992 that this appellants has died. The appeal filed by him accordingly abates.

(3.) The case of the prosecution is that the deceased Chhandi who earlier resided in village Garotha, District Jhansi, came to the village Phargaon. He was implicated for the murder of one Hari Ram brother of accused Lachchi, but was acquitted. However, apprehending danger to his life from accused Lachchi and others, he shifted to the village Markuwan. After the acquittal of Chhandi deceased, the accused become inimical to the deceased. On the night between 28/29-6-82, Chhandi along with his family members, namely his wife Smt. Avadh Rani, his daughter Savitri (P.W. 2), his son Jagdish (P.W. 3) and other minor children, was sleeping in the courtyard of the house. It was moonlight night. At about mid-night, Smt. Savitri (P.W. 2), Jagdish (P.W. 3) and Smt. Avadh Rani got up on hearing the cries of the deceased Chhandi. They saw accused Ram Kishan and Lachchi, armed with axes (Kulharis), and Bharosey and Santosh armed with spears. Accused Bharosey was flashing torch. Accused Ram Kishan and Lachchi were attacking Chhandi with axes. In order to save him his wife Smt. Avadh Rani fell over him and, she was also attacked by the accused. Smt. Savitri, daughter of the deceased also fell over his father in order to save him and she too was attacked. Jagdish (P.W. 3) could, however, escape and he raised alarm which attracted the other villagers. The witnesses, namely Smt. Savitri and Jagdish recognised assailants in the moon light and torch light.