GOVINDA Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants have filed this appeal against judgment and order impugned dated 21.1.1995 passed by Sessions Judge, Lalitpur in Sessions Trial No. 8 of 1993, State Versus Govinda and others arising out of Case Crime No.32 of 1992, under Sections 147, 302/149, 323/149, 148 IPC, Police Station Pali, District Lalitpur. By the aforesaid impugned judgment, appellants, namely, Govinda, Kalle, Dunne, Bhaboodi, Asha, Ghansoo, Gopi and Nathoo have been convicted and sentenced for offences under Sections 302/149 IPC with life imprisonment; under Section 323/149 IPC simple imprisonment for one year; appellant no.4 Bhabhoodi (now deceased) has been sentenced with 6 months R.I. for offence under Section 148 IPC and appellants, namely, Govinda, Kalle, Dunne, Bhaboodi, Asha, Ghansoo, Gopi and Nathoo have been convicted under Section 147 IPC and sentenced to 3 months R.I.. All the above sentences have been directed to run concurrently.

(2.) Relevant to mention that during pendency of this appeal, appellant no.4 Bhabhoodi and appellant no.7 Nathoo died, therefore, their appeal was abated vide order of this Court dated 22.5.2014. This appeal is confined now to the six surviving appellants, namely, Govinda, Kalle, Dunne, Asha, Dhansoo and Gopi.

(3.) As per prosecution case, first information report was lodged at police station Pali, district Lalitpur on 6.5.1992 at 1.30 a.m. at the instance of complainant Raja Ram son of Kisore, police station Pali, district Lalitpu, wherein, it was stated that on 5.5.1992 at about 9.30 p.m. Nandoo brought his brother's wife by bus from her parent's home. After alighting the bus, when he was going to his home with his brother's wife and was in front of the house of accused Nathoo, when accused Asha used filthy languages. Complainant asked the accused not to behave in such a manner for the married wives and daughters of the village, whereupon, the accused Bhaboodi, Ghansoo, Nathoo, Govinda, Kalle, Dunne and Gopi, who were also sitting over there used filthy language in a loud voice. Hearing the noise, complainant's father Himmat, his uncle Kishore and cousin brother Raja Ram arrived at the spot and intervened by asking the accused persons not to utter such absurd words for a lady whom they well knew was a house wife. Simultaneously, other villagers also arrived at the spot. In the meanwhile, accused persons- Govinda, Kalle, Dunne, Gopi, Nathoo- armed with lathi, danda and spear in their hands started beating complaint's father Kishore. Himmat came to his rescue but he was also beaten by the accused persons. Kishore and Himmat sustained injuries and thereafter the accused returned to their respective houses. The complainant went to the police station by bullock-cart with injured Kishore and Himmat, but Kishore died on the way (to police station). This report is exhibit Ka-6 on record.