LALJI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal emanates from the judgment and order dtd. 26/2/1997 passed by the learned Sessions Judge, Mirzapur in Sessions Trial No. 77 of 1993 (State Vs. Lalji and others) arising out of Crime No. 196 of 1991 under Sec. 302/34 IPC, Police Station Chunar, District Mirzapur whereby accused Lalji, Shyamji, Pyare and Chhotai have been convicted and sentenced under Sec. 302 read with Sec. 34 IPC with life imprisonment.

(2.) The prosecution case in brief is that on 26/10/1991 at about 4 p.m. Lalman, father of the informant was heightening the walls of the cow shed (Gaushala) on the land granted on lease with the informant, sister Savita, mason Chibilli and labour Sita. In the meantime, Lalji, Shyamji, Pyare and Chhotai equipped with lathies came there. While abusing they claimed the land belonging to them as their lease land. Lalman responded by saying that it was his lease land over which the old cow shed was constructed. At that Shyamji exhorted and all the accused persons started beating him with lathies. He ran for about 30-40 steps but the accused persons surrounded him and killed by beating with lathies. On hue and cry, Satyawan and Dhananjay came there and then the accused persons went away. The F.I.R. was lodged by the informant Shyam Bahadur on the same day at about 8.30 p.m. at the police Station Chunar as crime No. 370 of 1991, under Sec. 302 IPC. The detail of which was entered into G.D. Report no.42

(3.) The investigation of the case was handed over to S.I. V.P. Singh who proceeded to the place of occurrence and collected blood stained and plain soil from the spot and prepared the fard.