KRISHNA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In S.T. No. 340 of 1980 State v. Sumera and two others under Section 302/34, 307/34, I.P.C., P. S. Tindwari, District Banda, II Additional Sessions Judge Banda, by his judgment dated 25-3-1981 convicted and vide order dated 26-3-1981 sentenced Sri Krishna appellant to undergo imprisonment for life for offence punishable under Section 302, I.P.C., 7 years R. I. for offence punishable under Section 307, I.P.C. No sentence was awarded for offence punishable under Section 323 read with Sec. 34, I.P.C. Appellant Sumera (who is now dead and his appeal has abated) was convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Sec. 34, I.P.C. 2 years R. I. for offence punishable under Section 307/34, I.P.C., 6 months R. I. for offence punishable under Section 323 read with Sec. 34, I.P.C. Appellant Kaira was convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Sec. 34, I.P.C., 3 years' R. I. for offence punishable under Section 307 read with Sec. 34, I.P.C. and 6 months R. I. for offence punishable under Section 323 read with Sec. 34, I.P.C. Sentences so awarded were to run concurrently.

(2.) Feeling aggrieved, the present appeal has been preferred by all the 3 appellants. During pendency of the appeal Sumera appellant has died. Vide order dated 3 September, 2002 appeal preferred by appellant No. 2 Sumera has been abated. Before us now remain appeals preferred by appellant No. 1 Krishna and appellant No. 3 Kaira.

(3.) Facts giving rise to this appeal may be narrated in brief. Appellants Krishna and Kaira are real brothers and are the sons of Sumera P.W. 1 Ram Manohnar complainant and deceased Chunua Chamar were real brothers. Both the parties are the residents of the same village Piprenda, P. S. Tindwari, District Banda and are neighbours. It was the case of the prosecution that appellant Kaira borrowed Rs. 350.00 from deceased Chunua Chamar about 5 month prior to the occurrence. Occurrence of this case took place on 8/07/1980, time about 7.15 a.m. Two days prior to the occurrence Chunua deceased demanded his money back from Kaira appellant. Kaira not only refused to return the money but also denied to have borrowed any money from the deceased Chunua on the following day again Chunua deceased demanded his money from Kaira and being enraged by this, accused Sumera, Krishna and Kaira quarrelled with deceased Chunua and Ram Manohar and chased to beat them. The deceased Chunua and Ram Manohar somehow managed to escape themselves by running away. On the fateful day i.e. 8-7-1980 Chunua deceased along with P.W. 1 Ram Manohar in the morning after attending the call of nature went to Shripal Kori for seeking his advice as what should be done in the matter. Shripal advised not to fight, but to lodge a complaint with the police. From the house of Shripal, deceased Chunua and Ram Manohar came to their house and without taking breakfast both of them proceeded to police outpost Chilla. P.W. 3 Smt. Ram Pyari, wife of deceased Chunua also followed them. It was about 7.15 a.m. when deceased Chunua and Ram Manohar reached near the field of Chunua Kanchi, which was in the west of rasta, accused Krishna armed with "Barchi", Sumera and Kaira accused appellants armed with lathi came there from the eastern side. Accused persons started abusing deceased Chunua and his brother Ram Manohar. Deceased Chunua and Ram Manohar retaliated by abusing them P.W. 2 Sri Shiv Baran Singh reached there. Sumera gave lathi blow to Chunua deceased. When P.W. 2 Shiv Baran Singh tried to intervene Kaira appellant gave lathi blow which hit him causing injury to his hand. When P.W. 1 Sri Ram Manohar tried to save and intervene Krishna appellant gave Barchhi blow causing injury to him. Krishna accused appellant exhorted to eliminate Chunua. Thereupon Sumera accused gave lathi blow to deceased Chunua and Kaira also gave lathi blow. Krishna appellant gave Barchhi blow causing injury to deceased Chunua. Chunua fell down and died then and there in the field of Chunua Kanchi. On the hue and cry Surajpal, Arjun and many other villagers collected there. These persons chased the accused who ran away towards the west. Leaving Smt. Rampyari near the dead body, after getting report drafted from Dasharath, Ram Manohar P.W. 1 accompanied by P.W.2 Shiv Baran Singh injured and other village persons, proceeded to the police out post Chilla, P. S. Tindwari, District Banda which was about 18 or 20 Kms. from the village Piprendha. There P.W. 1 Ram Manohar handed-over the written report. On the basis of written report a case at crime No. 123 of 1980 was registered at 8.45 a.m. on 8-7-1980, under Sections 302, 307, 504, I.P.C. against all the 3 accused appellants Sumera, Krishna and Kaira. P.W. 6 Om Shanker Shukla, I. O. of the case who was the Incharge of the police outpost, took up investigation, recorded the statements of injured Ram Manohar P.W. 1 and injured P.W. 2 Shiv Baran Singh and sent them for medical examination to district hospital Banda.