JAGANNATH Vs. STATE OF U P

JUDGEMENT

(1.) The appellants, namely, Jagannath, Sant Ram, Kedar Somaru, Aliyar, Dalsingor, Kalloo, Buruk, Bangur, Hiramani Lochan, Jhagaru and Mangru, have preferred this appeal against the ORDER and order dated 28.10.1978 passed by Sri. S.L. Tripathi, the then Special AddI. Sessions Judge, Mirzapur, convicting the appellants to undergo imprisonment for life under section 302/149 I.P.C. Appellants, Jagannath, Sant Ram, Kedar, Somaru, Aliyar and Dalsingar have also been convicted under section 148 I.P.C. and sentenced to undergo two year rigorous imprisonment. Further the appellants, Kalloo, Buruk, Bangur, Hiramani, Lochan, Jhagaru, and Mangru have been convicted under section 147 I.P.C. and sentenced to undergo one year rigorous imprisonment. All the 13 appellants have also been convicted and sentenced to undergo two years rigorous imprisonment under sections 324/149 and 325/149 I.P.C. respectively and one year rigorous imprisonment under section 323/149 I.P.C. All the sentences were directed to run concurrently.

(2.) The prosecution case as disclosed in the First Information Report, Ex. Ka-2, was that one Ram Naresh was lessee of plot No. 1972 area 10 Bighas, Anirudh was lessee of the same plot for another minjmla area of 10 bighas and Punai was lessee of the same plot No. 1972 and another plot. No. 1973 in respect of minjumla area of 5 Bighas each situate in village Jungle Mohal by virtue of lease taken from Gram Pradhan, Kashinath Singh. It is alleged that all the three lessees were relations of Sankatha Singh (deceased). Sankatha Singh was alleged to be in possession of 30 Bighas land on behalf of those lessees. He used to cultivate the said land on their behalf. According to the prosecution case there was a MaraiT (thatch) belonging to Sankatha Singh on that land.

(3.) On 26.6.1974 at about 4 P.M. in village Barahi of Jangal Mohal Khoria Police Station Ahraura District Mirzapur, where the aforesaid land was situate, deceased, Sankatha Singh took alongwith him, P.W. 2 Ram Ashrey, P.W. 4 Mohan, P.W. 5 Asharfi, P.W. 6 Adanand and one Sohan and Kamta with a view to give them the said land on Batai (sub-lease). Kalloo P.W. 1, Ghanshyam and Sadan and had also accompanied them. They all reached that land at about 3 p.m. They were sitting in the Marai and were talking about distribution of the land on Batai. At about 4 p.m. all the appellants, arrived at the scene. It is alleged that appellants, Jagannath, Sant Ram and Kedar were armed with spear. Appellants, Somaru, Aliyar and Dalsingar were armed with Gandasa and rest of the appellants were armed with lathis. It is alleged that on the instigation and exhortation of Jagannath all the appellants started assaulting Sankatha Singh and his companions with their respective weapons. As a result of this attack, it is alleged that Sankatha Singh died on the spot and Ram Ashrey, P.W. 2 Mohan, P.WA Sohan, Asharfi P.W. 5, and Adanand P.W. 6 received injuries. F.I.R. of the incident was lodged on 27.6.1974 at 3A.M. at Police Station Ahraura by P.W. 1 Kalloo.