LAWS(ALL)-2003-5-187

BHAGWATI PRASAD Vs. STATE

Decided On May 05, 2003
BHAGWATI PRASAD Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THROUGH these appeals Bhagwati Prasad (hereinafter also referred to Bhagwati) and Natthu Ram (hereinafter also referred to as 'Natthu') challenge the judgment and order dated 25.3.1981, passed by IInd Additional Sessions Judge, Lucknow, in Sessions Trial No. 283 of 1979 whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302/34, I.P.C. and appellant Bhagwati has been convicted and sentenced to undergo three months R.I. for the offence punishable under Section 323, I.P.C. The sentences of Bhagwati have been directed to run concurrently.

(2.) SHORTLY stated the prosecution case runs as under :

(3.) SINCE statement of Babu Lal is a dying declaration in terms of Section 32 Indian Evidence Act, we propose giving a gist of it. In his statement, he stated : From his childhood, he lived with his grandmother and used to look after her, as also her land. She sold her field situated in the eastern direction to Bachchan Singh and the way to the said field was from the side of the house of Natthu, who did not give him any passage and instead installed his Chapper there. SINCE, he was managing his grandmother's land, Natthu nursed ill-will against him and on the date of incident at 10.00 a.m., while he was going for work to the house of Mehi Lal Chaudhari and had reached near the house of Deep, Natthu with a knife and Bhagwati with a lathi surrounded him. Natthu instigated that he be killed and thereafter started inflicting knife blows on him. Lachchu, who was there, caught hold of his collar and said are you going to kill him. In the meantime, getting opportunity he ran and entered inside the house of Mehi Lal. Natthu and Bhagwati also reached there. The latter inflicted knife blows on him and when Mehi Lal's son Jagannath tried to save him, Bhagwati assaulted him with lathi and shouted that if any one came forward it would not be good for him. In the meantime, he came out from the house. Natthu and Bhagwati caught hold of him and former inflicted knife blows on him. Thereafter they ran away.