JAG MOHAN Vs. STATE

JUDGEMENT

(1.) This appeal arises from the judgment and order of conviction dated 22.12.1980, passed by Sri. B.B.S. Chaudhary, X Additional Sessions Judge, Kanpur, convicting the appellants under Section 137 I.P.C. to a sentence of 1 year R.I. They were also convicted under Section 323/149 and sentenced to R.I. for 1 year each. They were also convicted under Section 325/149 I.P.C. and sentenced to R.I. for 2 years. All of them were also convicted under Section 302/149 I.P.C. and each of them were convicted with R.I. for life. All the sentences were to run concurrently.

(2.) The brief facts of the case are that on 15.6.1979 at about 7.30 a.m. the deceased Sheo Ratan along with his son was proceeding on a bullock-cart from his house to Bara Society for depositing his wheat. As soon as his bullock-cart reached in front of the house of Babboo, it collided with the wall of Babboo. The informant was following his cart on foot. When his father tried to avoid the wall the cart went astray and damaged the stack of cow dung cakes stored in front of the house of Genda Lal on the other side. Genda Lal started hurling abuses due to the damage to his stack. His father asked him not to hurl abuses. On this, an altercation ensued between them. To point a precise picture the very words used in the F.I.R. are quoted "Isi Bat Par Kuch Aadhik Kahasuni Hui." Genda Lal exhorted others to assault. On receiving hearing the exhortation, Badloo, Jagmohan, Genda Lal, Arjun, Raja Ram, Chhotey Lal, Babboo and Badloo's brother-in-law (wife's brother) Raja Ram all rushed to the scene armed with Lathis. They started belabouring Sheo Ratan and the informant Ram Babu. An alarm was raised which attracted Baladeen, Devideen son of Ghashite and Ram Dass son of Badloo, a cousin of the informant, to the spot. They tried to intercede. They were also beaten. The alarm of these belaboured persons attracted many people from the village side. Seeing the villagers rushing to the spot the assailants took to their heels.

(3.) All the injured were taken on a bullock-cart to the police station. The injured Sheo Ratan had reached the police station in an unconscious state.