JAWAHAR HIRAU Vs. STATE

JUDGEMENT

(1.) Eight appellants have filed this appeal. They are Jawahar. Hukma, Ghansoo, Pampa, Hariya, Bhadai, Karan Singh and Bhagwan Singh. Out of them, appellant No. 4 Pampa and appellant no.7 Karan Singh have died and the appeal has abated so far as they are concerned as per order dated 11.2.2004. Presently the court is concerned only with the remaining six accused appellants.

(2.) Judgment assailed is one dated 3.11.1981 passed by Sri J.N. Bansal, the then Sessions Judge, Lalitpur in Sessions Trial No. 8 of 1981. The appellants Bhadai and Karan Singh have been convicted under Section 148 I.P.C. and remaining six under Section 147 I.P.C. Bhadai has also been convicted under Section 302 I.P.C. and remaining seven under Section 302 I.P.C. read with Section 149 I.P.C. All of them have further been convicted under Section 323 I.P.C. read with Section 149 I.P.C. The sentence of life imprisonment has been awarded to Bhadai under Section 302 I.P.C. and to the remaining seven under Section 302 I.P.C. read with Section 149 I.P.C. All the eight accused appellants have sentenced to six months' rigorous imprisonment under Section 323 I.P.C. read with Section 149 I.P.C. The sentence of two years' rigorous imprisonment has been awarded to Bhadai and Karan Singh under Section 148 I.P.C. and of one year's rigorous imprisonment to the remaining six under Section 147 I.P.C.

(3.) The incident had taken place in between the night of 25/26.10.1980 at about 12.30 O' clock in village Phulwara. PS. Bar, District Lalitpur and the report was lodged at 11 A.M. the same night by the injured Pyare Lal PW 2 by oral narration