SALEK CHAND Vs. STATE OF U P

JUDGEMENT

(1.) A. B. Srivastava, J. This appeal is directed against a judgment and order dated 9-8-1983 of the 3rd Additional Sessions Judge, Meerut. whereby he con victed the three accused-appellants of the offences punishable under Section 302/ 34 and 323/34,1. P. C. and sentenced each of them to imprisonment for life and R. I. for one year respectively on the two counts and further convicted appellant Salekh Chand under Section 324 and appellants Ved Pal and Ajit under Sec tion 324/34, l. P. C. and sentenced each of them to R. I. for two years. The sentences on all the counts have been directed to run concurrently.

(2.) THE relationship between the parties to this litigation will be borne out from the pedigree stated by Roop Chand (P. W. 1), the first informant, according to which Ballu Singh, Malkhan Singh and Ram Swarup (P. W. 2), residents of village Dagarpur, P. S Chandinagr, District Meerut are real brothers. Deceased Natthu Singh, informant Roop Chand (P. W. I) and Lila (P. W. 3) are the sons of Ballu Singh. THE three accused-appellants Salekh Ved Pal and Ajit Singh are the sons of Malkhan Singh. THE house of the branch of the accused persons is situated towards south, that of the branch of the first informant is situated towards north and that of Ram Swarup is situated in between the two.

(3.) THE accused-appellants pleaded not guilty to the charges framed against them by the learned Sessions Judge and pleaded that the occurrence did not take place in the manner stated by the prosecution. According to their version after the marriage ceremony of appellant Ajit was over, at about 11 a. m. on the day of occurrence appellant Salekh Chand went to the house of informant Roop Chand with 5 or 6 'parats*. After showing those to the ladies of his family Roop Chand informed him that none of these were the 'parat' given to the appellants for being used in the marriage ceremony. When Salekh Chand insisted that the 'parats' brought by him included the one belonging to Roop Chand also, the latter started abusing him. On this he returned back to his home and was getting ready to go out when Roop Chand, Natthu Singh, Lila Singh, Ballu Singh and the female members of their family came there and abused. When he forbade them they indulged is marpit resulting into injuries to Salekh Chand and his mother. THE ladies of the family of the accused persons threw brickbats in their self defence result ing into injuries to the people on the informant side.