THAKUR Vs. STATE

JUDGEMENT

(1.) APPELLANTS Thakur, Bansi Lal, Bhallar, Sangam, Ghulam, Baleshwar and Fakirey have been convicted under Sections 302/149, I. P. C. , by the Sessions Judge, Bahraich. Bhallar and baleshwar have been sentenced to death while the other five appellants have been transported for life. The two appellants Bhallar and Baleshwar are further convicted under Section 148, I. P. C. , and sentenced to 3 years' R. I. The other five appellants are further convicted under Section 147 and sentenced to one year's R. I. each. All these sentences were to run concurrently.

(2.) THE seven appellants belong to one family group. Bansi Lal and Thakur are brothers. Fakirey, ghulam and Baleshwar are the sons of Thakur while Sangam and Bhallar are the sons of Bansi lal.

(3.) THE prosecution case is that one Kanta Prasad Kurmi was the Pradhan of village Tulshipur, police station Sonwan, district Bahraich. In his capacity as Pradhan of the village he had filed a civil suit in the court of the Munsif Bahraich against Thakur and Bhallar appellants alleging that these two persons were constantly interfering with his possession over two plots and wanted to take forcible possession of that land. He had prayed that a decree for permanent injunction be passed against them and they should be stopped from interfering with his possession. This suit was filed on 28-8-1953 and an affidavit in support of it was tendered on the next day, i. e. 29-8-1953. Another case under Section 325, I. P. C. , against Bhallar, Thakur, Fakirey and Sangam appellants was being investigated at the report of one Kirpa Ram, brother of P. W. 4, Triloki mukhia, and when the police submitted a charge sheet in this case on 3-10-1953, Kamta Prasad was cited as a prosecution witness. These two cases created a bitter animosity in the heart of these appellants against Kamta Prasad, and so on 11-10-53 at about noon when he and his son basdeo, who is only a young boy, were returning from their field with loads of 'chari' on their heads, all these seven appellants suddenly emerged from behind the 'arhar' crop of Lalji Khattri and surrounded Kamta in Lalji's field. Bhallar and Baleshwar appellants were, armed with axes while the other five had lathis. They started beating Kamta who fell down. Basdeo raised an alarm which attracted persons round about who rushed up to the scene of occurrence and reprimanded the assailants. The assailants then went away in three different directions. When Basdeo and the witnesses approached Kamta prasad, they found that he was seriously injured but still alive. On enquiry from some of these witnesses it is alleged that Kamta gave the. names of the seven appellants as his assailants. One ganga Ram then brought a cot and they carried Kamta to his house. Kamta survived for about an hour and a half only. It is alleged that Kamta Prasad named the seven appellants at his house also before he died. After Kamta's death Basdeo went to the police station Sonwan which is at a distance of three miles only with Triloki Mukhia. He lodged the first information report which was recorded at 5 p. m. The Investigating Officer came the same day to the scene of occurrence and found only bhallar and Baleshwar at their houses. The other persons named in the First Information Report were absconding. After completing the investigation he submitted a charge sheet against all the seven appellants.