RAJENDRA SINCE DEAD Vs. STATE OF U P

JUDGEMENT

(1.) THE above two appeals have been preferred against the judgement and order dated 24 -5 -1980 passed by IIIrd Additional Sessions Judge, Jaunpur in Sessions Trial No. 54 of 1978 convicting the appellants Rajendra (since dead), Deomani, Indramani, Chhabinath, Kashinath and Lakhan Bhar (since dead) under Section 302 read with 149 IPC and sentencing each of them to imprisonment for life, convicting above appellants under Sections 307 read with 149 IPC and sentencing each of them to undergo R.I. for a period of 5 years, convicting above appellants under Sections 324/149 IPC and sentencing each of them to undergo R.I. for a period of one year and further convicting them under Section 452 IPC and sentencing each of them to R.I. for a period of one year. The appellants Rajendra and Chhabinath were further convicted under Section 148 IPC and sentenced to one year R.I. each and appellants Deoman alias Deomani, Indramani, Kashinath and Lakhan Bhar were further convicted under Section 147 IPC and were sentenced to undergo R.I. for a period of six months. Accused respondent Amrit Lal was acquitted.

(2.) THE prosecution story, briefly stated, was that appellants Rajendra, Deomani and Indramani are real brothers. Appellants Lakhan and Kanhai accused (died during trial) were servants of appellant Rajendra, while appellants Chhabinath and accused Rambali (died during trial) were pattidars of Rajendra. Accused Amrit Lal was son of appellant Rajendra. All the appellants and accused persons as well as complainant Adya Prasad (PW1) were residents of same village. There was enmity between the parties regarding flow of Nabdan of appellant Rajendra. Altercations had taken place several times on account of it and relations between the parties were strained. On 4 -5 -1977 quarrel had taken place between the children of the parties. On account of above quarrel both the parties had assaulted each other. Cross reports were lodged from both the sides at the police station and criminal cases were pending.

(3.) ADYA Prasad (PW1) took the injuried Taluka (PW3) and Smt. Durgawati (PW5) as well as dead body of Ram Anuj to Nai Bazar, where Taluka was given first aid. Thereafter, a tractor was arranged and dead body of Ram Anuj as well as injured Taluka (PW3)and Smt. Durgawati (PW5) were taken to police station Rampur, where Adya Prasad (PW1) prepared a written report and lodged the same at the 5.30 a.m.