SOVRAN PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 1.4.1982 passed by Additional Sessions Judge, Mainpuri in S.T.No.388 of 1979 connected with S.T.No.509 of 1980 and S.T.No.578 of 1980 u/s 148, 307 read with 149 IPC and 25 Arms Act. The accused appellants Sovran Singh @ Soran, Gaya Prasad @ Netta Ji, Phool Singh and Dambar @ Ramveer have been convicted u/s 148 IPC for one year R.I and u/s 307 readwith 149 IPC for 4 years R.I. The accused Sovran Singh @ Soran further convicted and sentenced u7or 6 months R.I.

(2.) THE facts of the prosecution case briefly stated are that Phool Singh of Qasba Eka used to do money lending business. Panna Lal, S/o Tara Chandra, Gaya Prasad, S/o Shital Prasad and Hodal, S/o Ekaka Ram R/o Dharmpur, H/o Eka were indebted to Phool Singh. Phool Singh came in Nagla Dharmpur to demand his money from the above said persons about 15-20 days before the incident in question. Panna Lal and others were prepared to repay the loan with interest @ 2% whereas Phool Singh was demanding interest @ 4%. Five-six days before the incident in question, Phool Singh again came to Nagla Dharmpur along with Gaya Prasad @ Netta Ji of Nagla Akela, who came on a mare. Gaya Prasad asked Panna Lal and others to pay interest @ 4% meanwhile Lila Dhar S/o Bholey Singh, complainant of this case, also reached there. He too suggested to pay interest @ 2% Phool Singh and Gaya Prasad both were annoyed on this suggestion of Liladhar and threatened Liladhar to teach him a lesson as he did not allow the realisation of the loan.

(3.) FURTHER case of the prosecution is that the police constables took personal search of Sovran at the spot and from his possession one country-made pistol having an empty cartridge in its barrel and 3 live cartridges of no.1 of 12 bore were recovered. Constable Mohar Singh prepared fard recovery at the spot and sealed the same at the spot. Thereafter the police constables, complainant Liladhar along with accused Sovran Singh and the arms recovered from him, came to police station where Liladhar lodged written report of the incident.