RAMADHAR Vs. STATE

JUDGEMENT

(1.) The appellants Ramadhar, Panna Lai and Faujdar are real brothers being sons of Sugriv and have filed this appeal against the judgment and order dated 19-9-1981 passed by Sri D. N. Sharma, the then III Additional Sessions Judge, Varanasi in S. T. No. 367 of 1980. Ramadhar has been convicted under Section 302 I. P. C. and sentenced to life imprisonment. The other two appellants have been convicted under Section 325 I. P. C. read with Section 34 I. P. C. and each of them has been sentenced to three years rigorous imprisonment.

(2.) The incident took place on 8-8-1978 at about 7.00 P. M. in village Sonahul, Police Station Chakia, District Varanasi (now district Chandauli). The F. I. R. was lodged the same night at 9.10 P.M. by Chhedi P.W. 1, eye-witness cousin of the deceased.

(3.) The prosecution case was that the accused appellants as also the deceased Ram Sevak and complainant were the residents of the same village and two sides were cousin inter se also. Smt. Binki was the wife of the complainant Chhedi and Dhankali PW-3 was the mother of the deceased Ram Sewak. The main door of the house of the complainant opened towards north in front of which there ran a lane about five feet wide from east to west. The house of the accused was situated in the neighbourhood of the complainant's house and there existed a well towards the west of the complainant's house at a distance of about 10 paces. Thakur Basant Singh had his cultivation and Chhauni in village Sonahul. At the time of the occurrence, the agricultural labourers were on strike and were demanding higher wages. Therefore, the labourers were not working for Thakur Basant Singh. However, despite the strike, deceased Ram Sewak occasionally used to help Thakur Basant Singh in his cultivation. For that reason, all the accused persons bore grudge against him. On 8-8-1978 at about 5.00 P. M. an altercation took place between the deceased Ram Sewak and accused Ramadhar, the latter asking the former as to why he was working in Thakur Basant Singh's field and the former retorting back that he could not earn his livelihood without doing so. On returning back home, the deceased told about the altercation to his cousin complainant Chhedi PW 1. The same day at about 7.00 P. M. The deceased Ram Sewak was going towards well to feed his bullocks. Ramadhar arrived there with a lathi and threatened to kill him. In the mean time, Faujdar and Panna Lal also arrived at the scene armed with lathis. Panna Lai exhorted Ramadhar to kill the deceased. Panna Lai plied lathi on Ram Sewak, who, however, escaped unhurt, and then Ramadhar struck a lathi blow on the head of the deceased who raised hue and cry. Besides complainant Chhedi PW-1 who was present at the time of the occurrence, Smt. Dhankali PW 3 and Smt. Binki arrived at the spot, both of them tried to come to the rescue of Ram Sewak, but were hit with lathi by Faujdar. Ram Kishun PW-2, Mohan and Jhilmil appeared at the scene of occurence on hearing the commotion and saw the incident. A lantern was glowing at the scene of occurrence at the time of incident. A glowing lantern was also there at the house of the accused Faujdar. The injured persons were taken to Police Station Chakia wherefrom they were sent to P. H. C. Chakia for medical examination. The complainant also proceeded to Police Station Chakia where he lodged the F. I. R. and the case was registered under Sections 308/323 I.P.C. Ram Sewak was admitted in P. H. C. Chakia and succumbed to his injuries the next day on 9-8-1978 at 8.30 A. M. On getting information in this behalf, the case was converted into one under Section 304 I.P.C. The investigation was taken up by S. I. Prem Kumar Rai PW 7.