NATTHU Vs. STATE OF U P

JUDGEMENT

(1.) -Six persons were tried in S.T. No. 517 of 1980 before IIIrd Additional Sessions Judge, Etah. They were : (1) Natthu, (2) Ram Ratan, (3) Tej Singh, (4) Dan Sahai, (5) Brijpal and (6) Rishipal. By judgment dated 22.4.1981, Natthu has been convicted under Section 148, I.P.C. with a sentence of two years rigorous imprisonment, under Section 302, I.P.C. with a sentence of life imprisonment and under Section 307 read with Section 149, I.P.C. with a sentence of ten years' rigorous imprisonment. Dan Sahai has been convicted under Section 147, I.P.C. with a sentence of one year's rigorous imprisonment, under Section 302 read with Section 149, I.P.C. with a sentence of life imprisonment and under Section 307 read with Section 149, I.P.C. with sentence of ten year's rigorous imprisonment. The remaining four appellants have been convicted under Section 148, I.P.C. with a sentence of two years' rigorous imprisonment, under Section 302 read with Section 149, I.P.C. with a sentence of life imprisonment and under Section 307 read with Section 149, I.P.C. with a sentence of ten years' rigorous imprisonment. All the sentences have been ordered to run concurrently. The appellants have preferred this appeal. Out of them, Tej Singh son of Mani Ram is shephard by caste and the remaining five are ahirs allegedly in league with the former. The incident took place in the night intervening 23/24th October, 1979 at about 10 p.m. in village Gariha, a hamlet of Sanodhi, police station Sikandarpur, District Etah about 1 miles away from the concerned police station. The F.I.R. was lodged on 24.10.1979 by Babu Ram injured P.W. 1. Kali Charan a boy aged about 11 years, died in the incident. The prosecution case as per the F.I.R. and evidence adduced in the Court, briefly stated, was that earlier to the incident, the accused Tej Singh's father Mani Ram and complainant Babu Ram's cousin Bhudev had purchased some land from one Deep Singh Thakur. In respect thereof some litigation had taken place. Babu Ram was helping his cousin Bhudev and, therefore, his relations with the accused-appellants became strained. Pitam Singh father of accused Dan Sahai and Brijpal had secured conviction of the complainant's brother Ganga Deen and Shanker in a criminal case. However, the appeal was allowed. The accused Rishi Pal's father Siya Ram had also involved the complainant's son Lala Ram P.W. 4 and complainant's brother Ganga Din in a dacoity case prior to this incident. Thus, relations between the two sides were inimical. In between the fateful night, the complainant Babu Ram P.W. 1 was lying in his gher. His son Lala Ram P.W. 4, father's sister's son Balwant and nephew Netra Pal were also there. A lamp of kerosene was glowing. At about 10 p.m., the accused persons appeared there from eastern side. Natthu, Tej Singh and Rishi Pal were armed with guns and Ram Ratan and Brijpal had countrymade pistols whereas Dan Sahai had a lathi with him. On alarm being raised by the complainant, Jhari P.W. 3, Netrapal , Ganga Din, Kali Charan, Maiku and Latoori rushed to the scene. The last two had torches with them. In the meantime, Rishipal fired a shot on Lala Ram and Natthu at Kali Charan. Brij Pal injured the complainant with the butt of his pistol. The remaining accused also indulged in firing and beating with the butts. As a result, the complainant Babu Ram P.W. 1, Jhari P.W. 3, Lala Ram P.W. 4, Ganga Din, Netra Pal and Kali Charan were injured. As the condition of Kali Charan (since deceased) and Lala Ram P.W. 4 was serious, a bullock cart was arranged to carry them to Patiali Hospital. On way, Kali Charan breathed his last near village Nardauli. The deceased and other injured, except the complainant and Netrapal, were taken to Patiali Hospital and these two persons came to police station to lodge the F.I.R.

(2.) THE F.I.R. was dictated by Babu Ram to Raj Pal and it was lodged at the police station at 8.45 a.m. the next morning. A case was registered. THE investigation followed as usual. After completion of necessary formalities and preparation of inquest report the dead body of Kali Charan was sent for post-mortem.

(3.) THE same Doctor examined the injuries of Ganga Din, Jhari and Lala Ram on 24.10.1979.