RAJ KARAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the 1st Additional Sessions Judge, Banda dated 23.10.78 convicting each of the three appellants of offences under sections 148 and 307/341.P.C. and sentencing each of them to undergo rigorous imprisonment for one year under the first count and rigorous imprisonment for seven years under the second count. Both the sentences were directed to run concurrently. By the same judgment three co-accused Lal Bahadur Singh, Lakhan Singh and Surajbhan were acquitted.

(2.) The prosecution case was that in village Khajuriha Kalan there were rival parties of Lal Bahadur Singh and Chandan Singh. Raja Ram injured was in service in a Sugar Mill. He had come to the village on leave. Lal Bahadur become annoyed with him because he was seen associating with Chandan Singh of the rival party.

(3.) On 19.7.76 at about 7a.m. Raja Ram went to the east of the village Abadi to answer the call of nature. A little while after, his brother Lotan, complainant (P.W. 1) and his cousins Bachchu (P.W. 3) and Jagannath (P.W. 4) also went in the same direction to answer the call of nature. Raja Ram sat down in a Khai to ease himself. At that time, the present appellants and the three acquitted co accused persons emerged from a flour mill which was at a short distance. Baura appellant was carrying a Barachhi while the remaining five were carrying lathies. All these persons went near Raja Ram and Lal Bahadur and Lakhan Singh exhorted their companions to kill Rajaram. The present appellants and Surajbhan began to assault Rajaram with their respective weapons. On hearing noise. Lotan, Bachchu, Jagannath and other villagers rushed to the scene and saw the occurrence. The assailants kept these persons at a distance by threatening to assault them as well. Thereafter, the assailants ran away towards the flour mill. Rajaram sustained injuries on his noise, face and head and became unconscious. He was taken on a Charpai to police station Raipura which was about three miles away and there Lotan lodged a, written report the same day at 8.45 a.m. The condition of Raja Ram) injured was serious and, therefore, he was sent to hospital at Karvi for medical examination and treatment. Karvi was twenty four miles away from Rajpura.