MANAGER YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Mr. U. S. Pandey, IV. Additional Sessions Judge, Mirzapur has by his order dated 25.11.1978 convicted the three appellants of this appeal underT section 308 read with section 34 I.P.C. and sentenced them each to rigorous imprisonment for a period of three years. It is against this order that the present appeal has been filed.

(2.) Originally there were four accused, in the case, namely, Manager Yadav, Lallan Sharma. Ram Abhilakh and one Ramji Ram. After considering the entire evidence on the record and after coming to the conclusion that as regards. Ramji Ram there was some dispute about identity and a little suspicion had arisen, the learned Additional Sessions Judge recorded his acquittal giving him benefit of doubt. The case of the remaining three accused was however found to be ironclad and the impugned order was passed.

(3.) It is said that all the accused were employees of the Hindustan Aluminium Corporation, Renukoot (hereinafter to be mentioned as THindalco). They were members of Pargatisheel Mazdul Sabha, a trade union body working under the Communist Party of India. The victim of this assault Mangal Singh was also an employee of the Hindalco and it is said that he did not believe in the ideology of the accused persons and did not subscribe to their views. The accused persons and their union wanted to organise a tool down strike in the Hindalco but Mangal Singh and some of his associates were not ready for the same and were opposing it. He had been previously warned not to go on duty but he did not pay any heed to this warning. This occurrence took place in the night between 13/14th of September, 1974 during the night shift which starts at 11 p.m. and continues upto 7 A.M. on the next morning. The victim Man gal Singh was on duty in the pot room on the E line. The prosecution witnesses Adya Prasad and Ajab Narain were also working on the same line. Sometime before 2.30 A.M. the four accused of this case along with five or six others came to Mangal Singh and tried to argue with him and insists upon him to strike work, He did not agree. After a few minutes the four accused of this case again approached him with the same request and Mangal Singh again showed his inability to agree to their request. On this at about 2.30 A M. all the four accused persons came to the pot room where Mangal Singh was working. Manager Yadav and Lallan Sharma were armed with enode jacks while Ramji Ram and Ram Abhilakh were armed with iron rods. An enode jack is in the shape of a flat iron bar about 31 in length and three inches in breadth with an iron hook attached to it at one end. It has blunt edges and can be used as a blunt weapon. One such instrument was produced before the learned Additional Sessions Judge for his perusal and he has mentioned about it in his judgment. The four accused persons started assaulting Mangal Singh with their weapons. The whole of the pot room was flood with mercury and tube-lights. Mangal Singh fell down and still the beating continued. He became unconscious and sustained large number of injuries. Adya Prasad and Ajab Narain who were working nearby saw the incident and rushed up. The accused persons however, after completing the assault, left the place. Adya Prasad went to the Supervisors office where the General Foreman Sri SC. Tandon met him. He was informed about the incident. Then Mr. Tandoo came to the spot and saw Mangal Singh lying injured there. Arrangement of the Hindalco jeep was made and the injured was taken to the Hindalco Hospital where first aid was given. But since it was a medico legal case it was advised that he should be taken to the Government Hospital of Turra. The injured was then taken to Turra Hospital where his injuries were examined. He was again directed to be taken to Hindalco Hospital for treatment and X-ray etc. because facilities were not available at Turra Hospital and better facilities were available at the Hospital at Hindalco. The doctor asked Sri Adya Prasad whether he had lodged a report about the matter. This happened at about 11 A M. Then Adya Prasad thought that the lodging of the report should be done. He then proceeded to Police Station Pipari and scribed the report. -Ex. ka t and handed it over to the police. Former lodging of the report was made at 12.10 P.M. Investigation was then made and charge sheet was submitted.