JAGHAN Vs. STATE

JUDGEMENT

(1.) PRESENT Appeal has been filed by accused -appellants Jaghan, Het Ram and Chet Ram against judgment and order dated 12.11.1987 passed by Additional Sessions Judge -IVth, Bareilly in S.T. No. 118 of 1986 (State Vs. Jhajan and others), under Sections 325, 323/34, 324 and 302/34 I.P.C., P.S. Shahi, District Bareilly, Whereby learned Additional Sessions Judge -IVth Bareilly has convicted accused -appellants Jaghan, Het Ram, Chet Ram for offences punishable under Sections 302/34 I.P.C. and sentenced there under and each of them to undergo imprisonment for life. Learned Additional Sessions Judge -IVth, Bareilly vide his said judgment and order dated 12.11.1987 further convicted accused -appellant Chet Ram for offences punishable under Sections 325 and 323/34 I.P.C. and accused -appellants Jaghan and Het Ram for offence punishable under Section 324 I.P.C. Learned Additional Sessions Judge -IVth, Bareilly vide his aforesaid judgment awarded sentence of two years rigorous imprisonment for offence punishable under Section 325 I.P.C. and six months rigorous imprisonment for offence under Section 323/34 I.P.C. to the accused -appellant Chet Ram. Learned Additional Sessions Judge -IVth Bareilly awarded sentence of rigorous imprisonment of one year to accused -appellants Het Ram and Jaghan for offence punishable under Section 324 I.P.C. Vide his impugned judgment and order, learned Additional Sessions Judge -IVth, Bareilly directed that all sentences of all the accused -appellants mentioned above shall run concurrently.

(2.) WE have heard Sri Raghuraj Kishan on behalf appellant no. 1 and Sri Shiv Nath Singh on behalf of appellant nos. 2 and 3. We have heard Sri Narendra Kumar Singh Yadav, learned A.G.A. for State -respondent. We have also perused record.

(3.) ACCORDING to F.I.R. exhibit Ka.01 in brief the prosecution story is that the accused -appellants and complainant Ram Pal belong to the same village and are cousins in relation. They jointly own 12 bhigas of land but the accused -appellants took possession over 9 bhigas of land in excess of their actual share of 6 bhigas. Therefore, there was dispute between the parties regarding division of land. On 09.12.1985, Jhamman Lal father of complainant Ram Pal had gone to cultivate his aforesaid field and he was ploughing his land along with a portion of land belonging to accused. In the meantime, at about 4 P.M. accused Het Ram armed with pharsa, accused Jaghan armed with hansia and accused Chet Ram armed with bent (handle) of pharsa came near Jhamman Lal father of complainant from their field and began to abuse him. To avoid quarrel Jhamman Lal father of complainant started to go to his house and as soon as he came at the bank of river the above, three accused came there and surrounded Jhamman Lal father of complainant and assaulted him with pharsa, hansiya and bent of pharsa, Jhamman Lal father of complainant raised alarm where upon complainant Ram Pal his brothers Nanhe, Bhure Lal and Than Singh went from their field to save their father but the accused named above started to assault them also. After having heard the noise Kishun Lal S/o Komil and Het Ram S/o Todi who are residents of complainant's village and were working in their fields came on spot and challenged the accused, thereafter, all the accused ran towards the village after crossing the river and Jhamman Lal father of complainant succumbed to injuries on spot.