CHHOTEY LAL PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain. J. The appellant is one Chhotey Lal Pandey who has preferred this appeal against the judgment and order dated 3-12-1981 passed by Sri S. C. Jain, the then Sessions Judge, Mirzapur in ST No. 262 of 1980. He has been convicted under Section 302, IPC and Section 324 IPC read with Section 34, IPC. The sentence of life imprisonment has been awarded for the former offence and rigorous imprisonment for one year for the latter.

(2.) THE incident took place in between the night of 24/25-6-1980 at about 12-1 O' clock in village Kajarhat, Police Station Chopan, District Mirzapur and the FIR was lodged by Ram Bilas PW 1 son of the deceased Makkhan on 25-6-1980 at 7. 15 a. m. THE distance of the police station from the place of occurrence was about 15 kms. One Lal Ji alias Chhangur son of the deceased and the brother of the informant received injury also in this incident. THE deceased Makkhan Yadav had carved out a field for himself by clearing the forest. To its west was the field of Ram Lakhan Pathak, who wanted to usurp the land of the deceased. THE deceased had been asked by him to leave the land to which he did not agree. THE accused-appellant Chhotey Lal lived at Dalla Bazar. He was said to be related to Ram Lakhan Pathak and was siding him to press Makkhan deceased to relinquish the possession of the field carved out by him by clearing the forest. It was also alleged that 10-12 days before the incident, Biraha was being sung at Dalla Bazar and there had been exchange of hot words between the accused-appellant and the deceased. THE former had allegedly issued threat to the latter of dire consequences. THE deceased had constructed a thatch (Mandai) on his field and at the time of the incident, he with his sons Ram Bilas informant PW 1 and Lal Ji alias Chhangur (injured) PW 2 was sleeping there. Munni Lal PW 3 brother of the deceased also had his Mandai at some distance and was sleeping there. At about 1 O'clock in the night, Ram Bilas PW 1 woke up on the shrieks of his father and brothers. He flashed his torch and saw accused-appellant and three other unknown persons inside the thatch. He allegedly stabbed Makkhan deceased while one of his companions gave a knife blow to Lal Ji alias Chhangur PW 2. Munni Lal PW 3 also arrived there and witnessed the incident. A chase was given to the miscreants who, however, escaped towards Dalla Bazar. Another eye-witnesses Ram Dhani PW 6 reached there from his thatch and, according to the prosecution, he too witnesse the incident. Makkhan died instantaneously.

(3.) THE post-mortem over the dead body of the deceased was conducted by Dr. V. Singh PW 5 on 26-6- 1980 at 12. 30 p. m. He was aged about 45 years and about 1-1/2 day had passed since he died. THE following ante-mortem injuries were found on his persons: (1) Incised wound 2. 5 cm x 1 cm x 4 cm deep on right side of neck, 7 cm below ear. THE margins were clearly cut. THE injury cut of trachea, oesophagus, carotid artery and jugular vain. (2) Incised wound 2 cm x 1 cm x 2 cm deep on left side of the neck, 9 cm below the ear. THE margins were clearly cut. (3) Abrasion 5 cm x 2 cm on the back of left elbow.