SOMARU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 15-7-1981 passed by Sri B. B. Agrawal, the then II Additional Sessions Judge, Varanasi in S.T. No. 224 of 1979. Originally there were four appellants, namely, Somaru and his four sons, Tilakdhari, Chhedi Ram, Rama and Bachchey Lal. All of them have been convicted under Section 302, IPC read with Section 149, IPC and sentenced to life imprisonment, under Section 324 read with Section 149, IPC and sentenced to one year's rigorous imprisonment and under Section 323, IPC read with Section 149, IPC with sentence of one year's rigorous imprisonment. The appellant Rama has further been convicted under Section 148, IPC and sentenced to one year's rigorous imprisonment whereas remaining appellants have been convicted under Section 147, IPC with sentence of six months' rigorous imprisonment. All the sentences have been ordered to run concurrently. The appellant Somaru died during the pendency of appeal and it has been abated so far as he is concerned under order dated 9-7-2002. Presently, therefore, the Court is concerned with the remaining four appellants named above, who are sons of deceased appellant, Somaru.

(2.) Skeleton facts leading to this appeal may be set forth. The genesis of the prosecution case was the written FIR lodged at Police Station Cholapur, District Varanasi on 27-5-1978 at 13.05 p.m. by Lalta Prasad P.W. 3. The incident took place on that date at about 12.00 O'clock noon in the sugarcane field of complainant Lalta Prasad in village Garsara. One Luxmi, father of the complainant, died in this incident whereas Basanta, Nanda and Bhagana Devi sustained injuries. Somaru (deceased appellant), Tilak Dhari, Bagesari, Bachchey Lal and Rama also allegedly sustained injuries on the side of the appellants. Both the parties were residents of the same village Garsara, residing side by side with their fields also near their houses in the said village. On 27-5-1978, the appellant Tilak Dhari was grazing his goat in the sugarcane field of the complainant Lalta Prasad. The complainant side made a complaint of it and expressed protest before Somaru (deceased appellant). It was disliked by his sons Chhedi Ram and Bachchey Lal appellants who started hurling abuses on the complainant and his party. Lalta's father Luxmi then held out that he was going to lodge a report of their misdeeds. When he was going to police station to do so and reached near the sugarcane field of Somaru (deceased appellant) outside the village, the appellants surrounded him and started assaulting him. Luxmi raised shouts which attracted the complainant Lalta Prasad P.W. 3, his brother Basanta P.W. 4, Nanda and his sister Bhagana Devi. All of them rushed up to save Luxmi. However, they were also assaulted by the appellants. Rama appellant was holding knife while other appellants had lathis, Luxmi died at the spot due to injuries inflicted by the appellants at 12.00 O'Clock on 27-5-1978. The incident was witnessed by Sidh Nath, Hori Lal, Niddhi and others who intervened.

(3.) On the lodging of the FIR a case was registered and the police swung into action. It appears that the appellants also reached the police station to lodge their report, but they were arrested and detained at the police station whereafter they were sent to jail.