DARSHAN YADAV Vs. STATE

JUDGEMENT

(1.) M. C. Jain, J. There are six appellants, namely, Darshan Yadav, Raj Deo Yadav, Nihor Yadav, Kishore, Siya Ram and Lalji. Out of them, Nihor Yadav and Kisore Yadav are real brothers and Siya Ram is son of Raj Deo Yadav appellant No. 2. The judgment assailed in this appeal is one dated 29-9-1981 passed by Sri Prem Singh, the then Sessions Judge, Ghazipur in ST No. 119 of 1979 in which they along with one another Deo Raj were tried out Deo Raj was acquitted.

(2.) THE incident took place on 10-11-1978 at about 6 p. m. in village Kanhaipur, Police Station Saidpur, District Ghazipur. THE FIR was lodged by injured Brij Bhushan PW 1, father of the deceased Ram Badan at the concerned police station, the same day at 8. 30 p. m. THE distance of the police station from the place of occurrence was three miles. THEre was said to be another injured for the felony, namely, Subhash PW 2 who is the nephew of the deceased. Both the parties are the residents of the same village. THE background of the incident was that on the fateful day at about 5. 30 p. m. Brij Bhushan was bringing back his bullocks after ploughing his field. Suddenly, one of the bullocks sneaked into the field of Darshan and started grazing his crop. Darshan, who was scraping grass in his field, started hurling abuses on Brij Bhushan. Although the latter admitted that the bullock had suddenly strayed into his field, but Darshan was not satisfied and threatened to settle the score in the village. Any way, Darshan came to his house with his bullocks and sat on a cot in the sehan of his pahi (a sort of house) after giving fodder to them. On another cot Kailash Kamla and Subhash were sitting. At about 6 p. m. all the accused appellants came to the Pahi (a sort of house) of Brij Bhushan. Raj Deo and Lal Ji held spears while others had lathis. THEy started creating ruckus there. Brij Bhushan raised alarm attracting Rajendra, Ram Awadh and Managaru. His son Ram Badan was also sitting at the Pahi. THE witnesses, who had come, tried to intervene. In the meantime, Raj Deo accused-appellant gave spear blow to Ram Badan who fell down on the ground. When Brij Bhushan stepped forward to get up his son. Lalji accused gave spear blow at his buttock. Subhash stepped forward to the rescue of Brij Bhushan, but he, too, was attacked by Nihor with a lathi. THE accused then retreated. Ram Badan was being carried to the police station on a cot but he succumbed to his injury in the way. Brij Bhushan got the report of the incident scribed by Raghu Nath and reached the police station with the dead body of his son where the report was lodged. THE case was registered and investigation followed.

(3.) BRIJ Bhushan was medically examined on 10-11-1987 at about 9. 15 p. m. by Dr. B. P. Gupta PW 8. The following injury was found on his person: Incised wound 1-1/2" x 1/2" x muscle deep on right buttock near anus.