LAWS(ALL)-2004-4-53

PREETAM Vs. STATE OF U P

Decided On April 23, 2004
PREETAM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. K. Agarwal, J. This appeal was preferred by these five accused-appellants against their conviction under Section 302 read with Section 149 I. P. C. and sentence of rigorous imprisonment for life. Further accused-appellants Preetam and Mukundi were convicted and sentenced to 7 years' R. I. under Section 307 I. P. C. simplicitor, 2 years' R. I. to accused- appellants Karan Singh, Tutti and Katti under Section 307 read with Section 149 I. P. C. , 6 months' R. I. to accused-appellants Preetam, Karan Singh, Mukundi, Katti and Tutti under Section 323 read with Section 149 I. P. C. However, all the sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that on 20-8-1977 at about 3. 30 p. m. when Gulab son of Pooran and his nephew Chhatrapal son of Bahadur were grazing their cattle in Dhadhai Haar, appellant Preetam, who is a collateral of the above two, came there and asked Chhatrapal and Gulab, why they are grazing their cattles in his field. Chhatrapal and Gulab told him that they did not graze their cattle in his field. Preetam abused and belaboured them. Gulab and Chhatrapal are said to have defended themselves and also assaulted Preetam. On an alarm raised by Preetam his family men who were working in the vicinity including the four appellants rushed to the spot of incident. Three of them, Preetam, Karan Singh and Mukundi, were armed with axes and two were armed with Lathis. On seeing the appellants Gulab and Chhatrapal ran towards their home to escape any further assault. THE appellants followed them and when Gulab and Chhatrapal reached the field of Hirwa, they were assaulted by Preetam, Mukundi and Karan Singh and seven other accused persons with axes and Lathis. Hearing the alarm the informant and his brother Bahadur, rushed to save their children. THEy were ploughing their fields nearby. THEy were also belaboured. Some other witnesses also arrived at the spot of occurrence on hearing the alarm raised by Pooran and Bahadur. THEy include his daughter Lachchi and Sunkiya, wife of his brother Bahadur. THE accused, after assaulting the four, ran away towards the village. Gulab and his nephew Chhatrapal were lying dead in a pool of blood in the field of Hirwa. THEy too suffered axe and Lathi injuries. Due to rain and fear of the accused persons they did not go to the police station that day. THE report in the case was lodged on 21-8-1977 at 8. 30 a. m. THE distance between the police station and the place of occurrence is just 5 miles.

(3.) THE post-mortem examination on the body of two deceased, Gulab and Chhatrapal, was conducted by P. W. 8 Dr. V. D. Mishra. He found three incised wounds on the body of Chhatrapal, two of them being on the head, one covered right side face, lower part of the right ear and part of neck and the other on the left side of head 12 cm. above the left ear. In both the injuries underlying bones were cut. THE third injury was on the buttock. In the opinion of the Doctor, cause of death was shock and haemorrhage as a result of injuries No. 1 and 2.