DHAN PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Seven persons, namely, I. Dhan Prasad, 2. Jag Mohan, 3. Desh Raj, 4. Madan, 5. Kishori, 6. Kunwar Lal and 7. Kamta were tried in S.T. No. 191 of 1980 before Sri Manphool Singh, the then III Additional Sessions Judge, Hamirpur. Out of them, Madan Lal, Kunwar Lal and Kamta were acquitted whereas rest came to be convicted by Judgement and order dated 18-11-1981 under Section 302, I.P.C. read with Section 149, I.P.C. and sentenced to life imprisonment. Each of them was also convicted under Section 148, I.P.C. and sentenced to two years rigorous imprisonment. Both the sentences have been ordered to run concurrently. They are in appeal before this Court. Out of them Desh Raj died during the pendency of the appeal and the appeal has, therefore, abated so far as he is concerned. At present this Court of appeal is concerned only with three appellants, namely Dhan Prasad, Jag Mohan and Kishori.

(2.) The incident occurred on 12-4-1980 in the Village Budera, Police Station Panwari District Hamirpur. The life of Kadhora was cut short in this incident. The F.I.R. was lodged by his father Gumna P.W. 1 the following day on 13-4-1980 at 7.15 a.m. The distance of the police station from the place of occurrence was six kms. As per prosecution version, Dhan Prasad was armed with small gun, Jag Mohan with big gun, Desh Raj (now dead) with axe, Kishori with spear, Madan (acquitted) with axe, Kunwar Lal with lathi and Kamta with Lathi. All excepting Kamta are the sons of Ram Dayal Lodhi whereas Kamta was said to be their associate. They allegedly exterminated Kadhora as he was doing pairvi on behalf of his father Gumna in connection with land litigation pending in the court of Consolidation Officer at Panwari. They, therefore, nursed animosity against Kadhora who had become their eyesore. On the fateful day at about 5.30 p.m. Gumna P.W. 1, his daughter Raj Kunwar, wife Rooprani P.W. 2 deceased Kadhora were returning back after working in their field to reach their house. Kadhora was proceeding a few paces ahead of the rest. When he reached in front of the house of Ajawa Behana in the village abadi he was ambused, fired upon and assaulted by the accused. The first shot was allegedly fired by Dhan Prasad followed by second fire by Jag Mohan. After sustaining such two shots, the victim Kadhora fell down on the ground whereafter he was further assaulted by Desh Raj and Madan by axes and by Kishori by spear. Those holding lathis, namely, Kunwar Lal and Kamta allegedly held out that he might have breathed his last and they must have run away. Then all the assailants escaped, after threatening the complainant and his family members not to lodge the report as otherwise they would also be exterminated. At the alarm of the family members of the deceased other witnesses Bhagirath P.W. 3 and Umrao were attracted to the scene who also saw the occurrence with their own eyes. At the relevant time they were sitting at the Chabutara in front of the door of one Phoola near the seen of occurrence. Out of fear, the complainant Gumna could not muster courage to lodge the F.I.R. in the night and the same was lodged the following day at 7.15 a.m. A case was registered followed by investigation by Ram Singh P.W. 5.

(3.) Post mortem over the dead body of the deceased Kadhora was conducted by Dr. A.K. Srivastava, P.W. 4 on 14-4-1980 at 1.20 p.m. The following antemortem injuries were found on his person :