RAJENDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) As per the version of the first information report dtd. 5/7/1979, certain children of the family of the first informant - Budhiram, had taken out their cattle for grazing and there they had an altercation with the children of the family of Kishun Chauhan who was living in the neighbourhood. When the alteration occurred between the children and certain noises were made because of that from the village of the Chauhans, Rajendra, Surendra & Mahendra sons of Sukhai Chauhan; Kishun son of Ramnath, Fauji & Ramchandra sons of Kishun; Bahadur and Tejas sons of Raghunandan came on the spot. It has been stated in the first information report that Rajendra was carrying a Ballam; Surendra and Mahendra were carrying lathies; Kishun was also having a lathi; Fauji and Ramchandra were having Ballam; Subedar, Bahadur and Tejas were carrying lathis.

(2.) As per the F.I.R. version apprehending that there would be a scuffle between the children who were grazing the cattle with the grownup persons. Balram, Sarvjeet and Shrinath who were the relatives of the first informant reached the spot. Again there was a fight between the two sides and Balram, Ramcharan and Shrinath were grievously beaten and they fell down. In the first information report, it has been stated that when alarms were raised, Barsati son of Ram Adhar, Hariram son of Samodh and Beni Ram son of Ajor reached there on the spot and with their help the lives of Balram, Ram Charan and Srinath were saved. They were put on cots and efforts were made to take them to the Thana. In fact Balram had died. Upon the first information report being lodged, investigation ensued and the police took the plane soil and the soil having blood in its custody and prepared the relevant recovery memos. The injury on the injured were examined and of the deceased a post mortem examination was done.

(3.) On 5/7/1979 itself at 9:20pm, the panchayatnama was also prepared. Upon completion of the investigation when the police submitted its report, the Court of IIIrd Additional Sessions Judge, Jaunpur, on 9/3/1981 took cognizance of the matter and charged the accused persons, namely, (1) Rajendra @ Rajendra Prasad, (2) Fauji alias Faujdar, (3) Ram Chander, (4) Surendra, (5) Mahendra (6) Subedar, (7) Ram Kishun, (8) Bahadur and (9) Teras for being guilty under Ss. 147, 148, 302/149 IPC and also they were who charged under Sec. 307/149 of the IPC.