MUKUNDA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT appeal has been filed by accused -appellants Mukunda, Munna, Lalu and Chhota under Section 374(2), Cr.P.C. against judgment and order dated 2.8.1994 passed by Special Judge (E.C. Act), Banda in S.T. No. 176 of 1992, State v. Mukunda and others, under Sections 147, 148, 307, 307/149 and 302/149, I.P.C., Police Station Kotwali Dehat, District Banda whereby learned Special Judge (E.C. Act), Banda has convicted accused -appellant Mukunda and Munna for offences punishable under Section 302, I.P.C. read with Section 149, I.P.C., Section 307, I.P.C. and Section 148, I.P.C. and accused -appellants Lalu and Chhota for offences punishable under Section 302, I.P.C. read with Section 149, I.P.C., Section 307, I.P.C. read with Section 149, I.P.C. and Section 147, I.P.C. Learned Special Judge has sentenced accused -appellants Mukunda and Munna for offence punishable under Section 302, I.P.C. read with Section 149, I.P.C. with imprisonment for life, for offence punishable under Section 307, I.P.C. with rigorous imprisonment for a period of seven years and for offence punishable under Section 148, I.P.C. with rigorous imprisonment for a period of two years. Learned Special Judge has sentenced accused -appellants Lalu and Chhota for offence punishable under Section 302, I.P.C. read with Section 149, I.P.C. with imprisonment for life for offence punishable under Section 307, I.P.C. read with Section 149, I.P.C. with rigorous imprisonment for a period of five years and for offence punishable under Section 147, I.P.C. with rigorous imprisonment for a period of one year. Learned Special Judge has further directed that all sentences of all accused -appellants shall run concurrently.

(2.) ACCUSED -appellants Mukunda and Chhota have expired during pendency of appeal. Appeal abated in respect of accused appellants Mukunda and Chhota.

(3.) ACCORDING to the first information report Exhibit Ka -1 in short prosecution story is that on 23.7.1990 in the morning at about 7.00 a.m. Ram Manohar the nephew of informant Dallu had gone near pond to case himself. Accused Mukunda abused him. He came to his house and narrated the occurrence to his uncle Dallu. In the meantime, accused Mukunda and his elder son Munna armed with barchhis and accused Chhota, Lalu and Raju all sons of accused Mukunda armed with lathis came at the door of the complainant. Munna gave a blow of barchhi to complainant Dallu at abdomen with intention to kill him. Bhauwan alias Ram Awtar and Ram Lal brothers of complainant Dallu came to rescue him. Thereafter accused Mukunda and Munna caused injuries with barchhis and accused Chhota, Lalu and Raju caused injuries with lathis to Bhauwan. After having received injuries, Bhauwan fell down on earth. Ram Piyari wife of Bhauwan and Ram Devi daughter of Bhauwan also came to rescue Bhauwan. They were also beaten by accused with lathis. On raising alarm many people of the village came there and challenged the accused. Thereafter all accused ran away from spot. Bhauwan alias Ram Awtar brother of complainant succumbed to injuries on spot.