RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) Rameshwar, Rohan, Shyam Lal and Rampal appellants have preferred this appeal against the judgment and order of Shri B.B.L..Hajeley, I AddI. Sessions Judge, Moradabad dated 5.8.78 in S.I. No. 597 of 1977, State v. Rameshwar and three others, convicting and sentencing each one of the appellants u/s. 325/34, IPC to 4 years R. I. and in additional convicting and sentencing Rohan appellant u/s. 323, IPC to 1 years R.I. This least sentence of Rohan appellant was to run concurrently with his previous sentence.

(2.) Rohan is the son of Rameshwar appellant. Rampal is his nephew and Sham Lal is his friend. They are residents of Village Ajimabad within P.S. Bahjoi, Moradabad. Lakhan Singh complainant (PW 1) is also the resident of same village.

(3.) The prosecution case is that sometime prior to the present occurrence gram sabha had allotted through auction a plot in the Abadi of the village to Sia Ram and Lakhan Singh (PW 1). However, Ghoors of Rameshwar and Shyam Lal appellants used to be dropped on that plot. So, they disliked the said allotment in favour of them, and they started nursing grudge against them. On 14.7.77 at about 6 P.M. complainant Lakhan Singh-, Basdeo Mohan Sia Ram and Ram Prasad were sitting on the Chabutara of the house of Lakhan Singh (PW 1). Rohan appellant arrived there with a lathi and threatened them that they would see how they would build their house on the allotted land. Basdeo protested and asked him not to hurl abuses. Then Rameshwar, Rampal and Shyam Lal appellants arrived there holding Jathis. All the four appellants started beating Sia Ram and Basdeo, Sia Ram fell down unconscious. Lakhan Singh and Ram Prasad are said to have wielded lathis in self-defence.