RAGHUBAR Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT criminal appeal is directed against the judgement and order dated 26th July, 1995 passed by learned 9th A.D.J. Meerut Shri Chintamani Dungarkoti in ST No.668 of 1986 State vs. Raghubar and others thereby convicting and sentencing the applicants, U/s 302/149 I.P.C. to undergo life imprisonment with fine of Rs.2000.00, each and in case of default in depositing the fine to undergo 6 months R.I., under Section 323/149 of I.P.C. to undergo one year R.I. with fine of Rs.1000.00 each and in case of default to undergo 6 months R.I. under section 147 I.P.C. to undergo 1 year R.I. with fine of Rs.1000.00 each and in case of default to undergo 6 months R.I. and U/s 148 I.P.C. to undergo 1 year R.I. with fine of Rs. 1000.00 each and in case of default to undergo 6 months R.I.

(2.) BRIEF background of the case is that Balveer Singh s/o Mangat R/o Baghu Police Station Baghpat, District Meerut, on 20th July 1984 at 2:05 pm, has proceeded to lodge First Information Report against Munshi, Raghubar, Premi, Mahendra, Krishna Pal, Rishpal and Teji all resident of village Baghu, P.S. Baghpat, District Meerut mentioning therein that he has a chak situated at the southern road side that leads to Baghpat and of the the said land in question fictitious sale deed in question has been got executed and based on the said sale deed in question, an attempt is being made to take illegal possession of the said property in question that is continuously in their possession and is being irrigated by them. It was also mentioned that about two years back they had disturbed their crops and even this year on 13th July, 1984 unlawful assembly was formed and they tried to take possession and then police had prevented them and on 20 July, 1984 at about 10 a.m. when his uncle Ram Singh and Duli Chand were ploughing the said field and his mother phoolmati and his sister Rampali had came to the field with the food while he was settling the ridges alongwith Mahendra, then at the said point of time, Munshi armed with ballam, Raghubar armed with lathi, Premi armed with balkati and Mahendra, Krishnapal, Rishipal and Teji armed with lathi and ballam came and after abusing his uncle, started beating him and when the informant and Mahendra rushed to save him, then Ram Singh took away the ballam of Munshi and Duli Chand took away the lathi of Raghubar and saved themselves and various persons after hearing the noise came on the scene, then thereafter all these persons escaped from the spot and his uncle Duli Chand was lying dead and his uncle Ram Singh, mother and sister were in precarious condition and with great difficulty he has proceeded to lodge First Information Report. After the First Information Report has been lodged, the injured were taken to hospital and at hospital phoolmati and Ram Singh were examined and following injuries were found on their body Examination of Phool Wati Examined Phool Wati aged about 55 yrs w/o Maugat? R/o Baghu P.S Baghpat (Meerut) B/B C.P. No. 76 Khem Singh P/S Baghpat (Meerut) and .......... the following at 8.30 PM dated 20.7.84 M.I. Mole on lt. Cheek 1 -1/4 cm below mid of lt. Eye INJ -

(3.) MUNSHI aged about 66 yrs S/o Pirthi R/o Baghu P.S. Baghpat (Meerut) B/B C.P. No. 1200 Jai chand P.S. Baghpat. A case of medicolegal INJ whose M.I. And LTI are given below. Ref. To Radiological Dept. P.L. Sharma Hospital Meerut for