BABU Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27.09.1983, passed by VI Additional Sessions Judge, Hardoi in S.T. No.428 of 1982 whereby the appellants have been convicted under Sections 302/149, 147, 323/149 I.P.C and sentenced to undergo rigorous imprisonment for life under Section 302/149 I.P.C., rigorous imprisonment for two years under Section 147 IPC and rigorous imprisonment for one year under Section 323 read with 149 IPC .

(2.) THE Chief Judicial Magistrate, Hardoi has reported that during the pendency of appeal Babu and Mahabir have died and on their behalf appeal stands abated.

(3.) BRIEFLY stated, according to the prosecution case, a written report was lodged by Ayodhya alleging that he and his father have a tube -well and there is another tube -well of one Malhu Yadav and they have common drain for taking water towards the east near the field of Chheda and Babu, son of Chandrika who also used to take water from the same drain. On 05.09.1981, at about 4.00 p.m., informant, his brother Lallu and father Purai were running their tube -well and taking water through the paddy field and at that time Bubu got the tube -well of Malhu started by his son Thakurdin and Babu having lathi went to the paddy field and told his father to stop the tube -well as he had to irrigate his field. Informant's father told him that as water was already running, he would not stop his tube -well, whereupon there was a scuffle between Babu and complainant's father, then Babu called upon the people saying that complainant's father was not prepared to stop the tube -well on which from the tube -well of Malhu, Thakurdin, Ram Lal, Mahabir, Durjan and Chhotey Lal reached there carrying lathi and started inflicting lathi blows on complainant's father. Hearing the noise of complainant's father Parsadi and Jagannath working in their fields reached to save his father and they were also beaten by the accused with lathies. On hearing the noise, he and his brother also reached there with lathies and accused after beating and abusing them, ran away towards the village. He saw his father lyling dead and Jagannath and Parsadi were lying in injured condition. He lodged the report at about 5.45 p.m. (Ext. Ka -2) and the case was registered in the general diary (Ext. Ka -3).