JOGI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionists and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal revision has been filed challenging the judgment and order dated 19.3.2001 passed by the learned Sessions Judge, Balrampur in Criminal Appeal Nos.13 of 2000 and 14 of 2000, which was preferred against the judgment and order dated 13.7.2000 passed by the learned Chief Judicial Judge, Balrampur in Criminal Case No.303 of 1999 by which the revisionist Jogi has been convicted and sentenced to undergo 1 year RI under Section 148 IPC; revisionists - Ram Chandra and Nankey @ Ram Prakash and Ram Baran have been convicted and sentenced to under go 1 year RI under Section147; and all the revisionists have been convicted and sentenced to undergo 1 year RI and pay fine of Rs.100/ - each under Section 325/149 IPC and further to undergo 4 years RI and fine of Rs.2000/ - each under Section 326/149 IPC. In default of payment of fine, they have to undergo further 3 months SI.

(3.) AS per prosecution version, a case regarding marpit was pending in the court of Munsif, Balrampur between the informant and Jogi, Ram Chander, Nankey, Ram Baran and Mannan in which 4.7.1980 was the date of evidence. On 30.6.1980, at about 10:10 AM, the accused persons came to the house of informant and asked that let us settle the matter at the place of 'Neeba Mata'. On this, the informant, his father Badal, Chacha Sada, brother Keshav and Fakire reached at the place of "Neeba Mata". Jogi was having 'Kudal' in his hand, Ram Baran and Nankey were haing 'Lathi' in their hands, and rest were empty handed, came there, at about 12:00 noon. They said that now it is lonely here, let us settle the matter. The informant and his brother Keshav Ram refused to compromise. After Jogi exhorted that cut both the hands of Keshav Ram; Ram Chander and Mannan caught hold of Keshav Ram and tried to put his hands on the ground. Keshav Ram tried to flee, but he was caught after some distance, and Ram Chander and Mannan, after catching hold of him, kept his both hands on ground and Jogi by 'Kudal' severed his both hands from his body. All accused persons also assaulted the informant and fled away. A first information report was lodged in police station. After investigation, charge sheet was submitted under Sections 147, 148, 149, 323, 325, 326 IPC against Jogi, Ram Chander, Ram Baran, Nankey and Mannan. Charges under Sections 147, 148, 323/149, 325/149, 326/149 IPC was framed against them. Accused pleaded not guilty and claimed to be tried.