KHOOBI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajeev Gupta and Sri A.B. Maurya, learned counsel for appellant and Sri R.K. Maurya, learned A.G.A. appearing for the State.

(2.) The present appeal has been filed against the judgment and order dated 12.2.1982 and 15.2.1982 respectively passed by Additional Sessions Judge VI, District Bareilly in Sessions Trial No. 108 of 1981, State v. Khoobi and three others by which the appellant No. 1 Khoobi has been convicted and sentenced under Section 304. Part-I read with Section 34, I.P.C. and sentenced to undergo rigorous imprisonment for a term of seven years and the appellant Nos. 2 to 4 namely Tota Ram, Om Prakash and Nathu have been convicted and sentenced under Section 304, Part-I read with Section 34, I.P.C. to undergo rigorous imprisonment for a term of five years each and further directed that the appellants Khoobi, Totaram. Om Prakash and Nathu, each of them shall undergo rigorous imprisonment for a term of one year under Section 323 read with Section 34 of the I.P.C. All the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that on 31.3.1980 at 1:00 p.m. in the village Pastore a he goat of the complainant Lakhan entered in the house of Sohan Lal and caused some damage inside. This invited a protest from Sohan Lal and he asked the complainant's brother Mullu to tie the he-goat so that it may not further cause damage. Mullu tied the he-goat accordingly. The accused Khoobi who was standing nearby remarked that "In Salon ka dimag kharab ho gaya hai agar hamara is pirkar nuksan hota to main inhen jaan se mardeta". The complainant Lakhan did not relish this remark and retorted back that why you should have killed us when no damage was done at your place. Thereupon the accused Khoobi called his brothers Tota Ram and Om Prakash accused and his son Nathu accused and began to beat the complainant. The accused Khoobi had a moongri (a wooden club) and the remaining accused had lathis. The complainant's brother Mullu and his son Pitam tried to save the complainant but they were also subjected to the fury of the accused and received serious injuries by lathis. The complainant and his son Pitam also defended themselves by lathis. This occurrence was seen by one Mullu s/o Mewa Ram and some women of the neighbouring house who collected there. The accused retreated to their verandah. The complainant Lakhan took Mullu and Pitam in an injured condition in a Tempo to P.S. Quila, Bareilly and lodged a F.I.R. at 2 : 10 p.m. The complainant Lakhan, his brother Mullu and his son Pitam were sent to the District Hospital, Bareilly for medical examination and treatment. The condition of Mullu was serious and he was almost unconscious. He succumbed to his injuries in the night.