SATAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this appeal, Satan, Mohan, Tulsi, Khelari alias Khelawan, Ram Sukh, Birju and Mohd. Omar challenge the judgment and order dated 7-2-1981 passed by Sessions Judge, Sultanpur, in Sessions Trial No. 117/1980, convicting and sentencing them in the manner stated hereinafter :

(2.) Shortly stated, the prosecution case runs as under : - The informant Ramdin is the brother of the deceased Maharajdin and Sitaram PW-2 and the son of victim Smt. Patti (not examined). At the time of the incident, the aforesaid persons and the seven appellants, namely, Satan, Mohan, Tulsi, Khelari alias Khelawan, Ram Sukh, Birju and Mohd. Omar were living in village Katsari within the limits of Police Station Kadipur, District Sultanpur. On 8-11-1977 appellant Satan, who was the real uncle of the informant and between whom and the informant litigation was going on, had gone to Sultanpur because a date had been fixed in the case. On the way at the pond, situated north of village Lakhnipur, the deceased Maharajdin met him and a marpit took place between them. Thereafter at 8.00 A.M., the same day, when the informant Maharajdin and Sitaram were sitting at the door of their house and talking appellant Tulsi armed with a ballam appellant Mohd. Omar with a banka, along with appellants Satan, Mohan, Kheladi alias Khelawan, Ram Sukh and Birju armed with lathis, came and started assaulting Maharajdin and Sitaram. The informant raised cries, hearing which his mother Smt. Patti rushed to save Maharajdin and Sitaram. When she intervened, the aforesaid seven persons also assaulted her. Hearing the cries, Acchey Lal, Ram Asrey and Ram Niwas came to the place of the incident and reprimanded the appellants, who thereafter ran away. Thereafter, the informant, along with his brother Maharajdin, who was precariously injured, his other brother Sitaram, and his mother Smt. Patti on an ikka proceeded for Police Station Kadipur. On the way, Maharajdin succumbed to his injuries. At Kadipur he got the FIR scribed by Virendra Bahadur Singh. He then lodged the said FIR (exhibit Ka-1) at Police Station Kadipur.

(3.) The evidence of Head Constable Ram Jee Yadav PW-4 shows that on 8-11-1977 at 10.00 a.m., while he was on duty at Police Station, Kadipur the informant Ramdin lodged his FIR (exhibit Ka-1), on the basis of which he prepared the chik FIR (exhibit Ka-3). It is significant to mention that a perusal of the chik FIR shows that the distance between the place of the incident and Police Station Kadipur is three miles. After preparing the chik FIR he sent Smt. Patti Devi and Sitaram, who were accompanying the informant, with a Police Constable for medical examination to Kadipur.