RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) These two connected criminal appeals which arise out of the judgment of the learned Additional Sessions Judge, Gonda dated 24.2.2009, convicting and sentencing the appellants Jagdish Prasad and Radhey Shyam to imprisonment for life and a fine of Rs. 5000/ each and a default sentence of 5 months imprisonment for non-payment of fine for an offence under sections 302/34 I.P.C are being heard and disposed of together by means of this common order.

(2.) We have learned counsel for the appellants and the learned AGA.

(3.) The prosecution case as disclosed in the First Information Report, lodged by PW-1 Ram Kumar, the son of the deceased Bharat Ram was that their house was adjoining the house of their grand uncle Ram Narayan. There was some abadi land between the two houses. Some land which was rightfully the informant's had been left out of their property, when the informant's side were getting their new house constructed as their Southern wall had not been built in a straight line. The accused side wanted to grab the said land and were making an effort to achieve this objective on the date and time of incident, i.e. on 24.10.1991 at 2.00 P.M. This was objected to by the informant, his father Bharat Ram and his brothers Hausila Prasad and Shiv Kumar. This angered the appellants and Anokhey Lal, and on the exhortation of Anokhey Lal, that one person be murdered so that the informant's side would not claim the said land in future, the appellant Radhey Shyam brought a spear from his house and the appellant Jagdish and Anokhey Lal brought out lathis and gave a chase to the deceased Bharat Ram, who ran along with the informant and others towards the main door of their house in order to escape the assault. At that point the appellant Radhey Shyam struck the spear on the chest of the deceased, whilst the appellant Jagdish Prasad and Anokhey Lal assaulted him with lathis. On their cries, Karkau, Brij Nath and Ram Niwas reached the spot. The appellant Jagdish also assaulted Haushila Prasad PW-2 with a Lathi causing an injury on his right arm.