GOVERDHAN PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 30 -7 -1981 passed by N.K. Maheshwari, the then IInd Addl. Sessions Judge, Fatehpur in Sessions Trial No. 445 of 1980, State v. Goverdhan Prasad and others. By the impugned judgment and order, the trial Court has convicted all the eight accused appellants under Sections 302/149 I.P.C awarding sentence of life imprisonment there -under. Accused Ram Prasad s/o Chheda, Ganga Prasud, Ram Swarup and Ram Prasad son of Ram Swarup were further convicted under Section 147 I.P.C. and sentenced to one year R.I. Accused Goverdhun Prasad, Ram Sajiwan, Sidh Raj and Behari alias Mahabir were also convicted under Section 148 I.P.C and sentenced to two years' R.I., However, all the sentences awarded to the accused appellants were ordered to run concurrently.

(2.) BRIEFLY stated, the facts of the case are that on 26 -9 -1979 in the morning, the complainant Ganesh Shankar, P.W. 1 and his father Binda Prasad alongwith Kunwar Prasad and Jhoori, son of Deeoni Faqir and Raj Bali Garariya went to the grove of Munnilal to get the wood of the mungo tree cut. Jhoori,Faqir and Raj Bali Garariya are residents of village Kulika -Ka -Purwa. Kunwar Prasad is resident of Mahadeopur. Binda Prasad, Jhoori and Raj Bali had axes with them. After reaching the grove of Munnilal, the work of cutting the wood was started. After about one hour and 45 minutes at about 9.00 a.m., the complainant and others heard the call of ”Bachao, Bachao.” They saw that Ram Kumar alias Vibhuti was giving this call from the south and was rushing towards the grove. The accused persons Goverdhan Prasad and Ram Sajiwan, both armed with guns, Ram Prasad son of Chheda, Ganga Prasad, Ram Prasad son of Ram Swaroop and Ruin Swarup armed with Lathis and Sidhh Raj and Behari armed with Pharsas were chasing him. On hearing the cries of Ram Kumar, Virendra Kumar and Jwala Prasad had already reached the grove from their fields. Complainant's father also ran to save Ram Kumar, saying 'Khabardar'. He had an axe in his hand. When Ram Kumar reached near the Banyan tree in the grove of Munnilal, Govardhan Prasad fired a shot at him from a distance of about 15 -16 paces which hit him and he fell down. Just then the remaining accused started assaulting Ram Kumar with their Pharsas und Lathis. Just then, Ram Sajivan fired at Binda Prasad from a distance of 25 or 30 paces, saying 'Lo tum Bhi Lo' The fire missed him but he fell down out of shock. As soon as Binda Prasad fell down, accused Ram Swaroop dealt a Lathi blow to him and accused Sindhraj and Behari started giving Pharsa blows to him. When the complainant and other witnesses advanced ahead to save him, accused Goverdhan Prasad and Ram Sajivan pointed their guns towards them and held out that they would also be shot if they proceeded further. Hence due to fear, the complainant and others did not proceed forward and retreated, raising alarm.

(3.) WHEN the occurrence is going on, the residents of village Mahadeopur, Kalkan -Ka -Purwa and Obipur rushed towards the spot on hearing the alarm raised by the witnesses. In the meantime, Behari accused severed the head of Ram Kumar from the neck by cutting it with the Pharsa and axe which Binda Prasad deceased had taken with him. Accused Ram Prasad son of Chheda picked up the head of Ram Kumar and then all the accused went away towards the north, i.e. towards the river Ganga. Due lo fear, the witnesses could not chase the accused persons.