RAMDEO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Ramdeo, Harihar, Suresh and Lallan have preferred this appeal against order of conviction and sentence dated 6-11-81 passed by learned VI Additional Sessions Judge, Deoria in S.T. No. 30 of 1981, State v. Ramdeo and others, by which the appellants have been convicted under Section 302 and 323, IPC, both read with Section 34, IPC and have been sentenced to undergo life imprisonment and six months rigorous imprisonment respectively and the sentences are to run concurrently.

(2.) After filing the appeal, the accused appellants were granted bail. None appeared from the side of the appellants to argue, hence the arguments of the learned A.G.A. were heard. The appeal is being decided on merits.

(3.) The incident is said to have taken place on 30-8-79 at about 7.00 a.m. FIR was lodged on the same day at 9.15 a.m. at Police Station Tareya Sujan which is at the distance of 3 km. from the place of occurrence. It is alleged that in the evening on 29-8-79, complainant Ramashanker was irrigating his field from the canal. It could not be fully irrigated, therefore, he started to irrigate the land in the morning of 30-8-79. His brother Awadh Bihari was also with him. At about 7.00 a.m. on 30-8-79, Ramdeo, Harihar and Suresh, residents of village Mehadiya, P.S. Tareya Sujan, District Deoria, started to obstruct flow of the water. Ramashanker, who is resident of the same village, requested not to obstruct the flow of the water as a little portion of the field was still left to be irrigated. At this, these three accused persons started to abuse him. Ramashanker raised alarm. His brother Awadh Behari also reached. Other accused persons namely Lallan, Ramchandra, Ramadhar, Kartikey, Jamadar and Mangal Prasad also ran there armed with lathis. Ramdeo, Suresh and Harihar caused injuries with lathis to Ramashanker and other accused persons beat him with fists. His brother Awadh Behari tried to save him but he was also beaten by lathis. Awadh Behari fell down, on which, the accused persons sat on his chest, caused injuries with fists on chest and blood came from his mouth. Kartikey and Jamadar were making exhortation. On alarm Bhaggan and Rajamangal reached there and witnessed the occurrence. Awadh Behari became unconscious due to injuries caused to him.