JASUWA PUTTU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 20.11.1981, passed by Additional Sessions Judge, Lalitpur in Sessions Trial No. 112 of 1979, convicting them under Section 302/149 I.P.C. and sentencing each of them to undergo imprisonment for life and further convicting them under Section 323/149 and sentencing them to undergo R.I. for a period of four months each. Appellants Jasuwa, Chhandiya, Oundiya and Jhagru were further convicted under Section 148 I.P.C. and sentenced to undergo R.I. for a period of two years. Appellants Nathuwa and Parbhuwa were further convicted under Section 147 I.P.C. and sentenced to undergo R.I. for a period of 18 months. AH the sentences were ordered (sic)un concurrently.

(2.) The prosecution story, briefly stated, was that Smt. Kaliya (PW2) was married with Punua (PW1). She lived with Punua for about seven years. Thereafter she went to her parents house. The lather of Smt. Kaliya sold her to appellant Chhandia for Rs. 500/-and she was forced to go with him. There she lived as wife of appellant Chhandia for about two years. When she came to her parents' house in connection with marriage of her younger sister she called Punua (PW1) and asked him to take her with him as she wanted to live with him. Punua (PW1) brought her to his house and she was living with him as his wife.

(3.) On the night of 29/30-5-1979, Punua (PW1), Bandoo (PW4), Tulsi deceased, Sundar, Pukkha along with two children were sleeping on different Charpais in front of their house. A lighted lamp was kept there. Smt. Kaliya (PW2) was sleeping inside the house, At about 2.00 a.m. appellants Jasuwa armed with Luhangl, Chhandia, Jhagru and Gundiya armed with Kulhari, Prabhua and Nathuwa armed with lathis along with Dhilloo, Santua and Lala Ram (since acquitted by the trial court) all armed with lathis entered into the boundary of house of Punua (PW1) by removing Tattar. Punua (PW1) and others awoke hearing barking of dog. Appellant Bundiya inflicted Kulhari blow on Punua (PW1). then he (Punua) inflicted lathi blow on him. Jhagru inflicted Kulhari blow and other Appellants inflicted lathi blows. Appellant Chhandiya asked Punua to bring Smt. Kaliya. The appellants also inflicted lathi blows on Tulsi deceased. Bandu (PW4) and Pukkha. Hearing the shrieks of Punua and others Chiple (PW6) and other villagers rushed to the spot and on their challenge appellants ran away. The appellants were recognized by the witnesses in the light of lamp and light of torches possessed by Tulsi and the appellants.