SUKH LAL Vs. STATE OF U P

JUDGEMENT

(1.) Both the appeals arise out S.T. No. 109 of 1977 in the court of Sessions Judge, Bareilly. The learned Sessions Judge tried six accused persons under sections 302/149 and 307/ 149 and under sections 148 and 147 I.P.C. By his judgment dated 7.3.1979 the learned Sessions Judge has convicted Sukh Lal, Durga Prasad and Lal Ram under Section 302 read with Section 34 and sentenced them to life imprisonment. Each of them was further sentenced to 7 years R.I. under Section 307/34 I.P.C. Both the sentences were ordered to run concurrently. The learned Sessions Judge acquitted accused Hira Lal, Randhir and Lal Singh of all the charges. Being aggrieved against the conviction and sentence Sukh Lal, Durga Prasad and Lala Ram have filed appeal No. 975 of 1979 and the State being aggrieved against the acquittal of the three accused has filed appeal no. 1711 of 1979. . The two appeals being inter connected, have been heard together.

(2.) The prosecution case in brief is that on 25.12.1976 Khem Karan Lal, his father Gopal Das and his grand father Angan Lal were irrigating the filed of Angan Lal with the canal water. The canal water was obstructed and diverted by Hira Lal, Sukh Lal, Durga Prasad, Lala Ram, Randhir and Lal Singh who cut the embankment of the canal and diverted the water of the field of Kamil Prasad, who is the uncle of accused Durga Prasad, Khem Karan Lal, Gopal Das and Angan Lal objected to it and said that after irrigating their field they may take the water to the field of Kamil Prasad. On this the accused persons started abusing the complainant party and accused Rira Lal told the coaccused to bring a gun. Khem Karan Lal, Angan Lal and Gopal Das therefore went away from the field and reached there BaithakT where Jog Raj, Kalyan Rai and Har Karan Singh were also present. Narain Das and Sewa Ram were winnowing some grain. They started talking about the diversion of water. While these person were talking amongst themselves accused Sukh Lal, Durga Prasad, and Lala Ram armed with guns and the remaining three accused Hira Lal, Randhir and Lal Singh went up on the roof of the Komil PrasadTs Baithak. Jog Raj is serving in the military and had come on leave on the very day. Jog Raj tried to pacify the accused but the three accused (Sukh Lal, Durga Prasad, and Lala Ram) opened fire with the result Jog Raj received some gun shot injury and fell down. When Khem Karan Lal, Gopal Das and Angan Lal ran to the rescue of Jog Raj the three accused again started firing. Gopal Das and Angan Lal also fell down. Narain Das and Har Karan received some pellet injuries. Jog Raj, Gopal Das and Angan Lal died on the spot. Nathu Lal and Lauki Ram rebuked. the accused who threw brickbats from the roof of Komil Prasad and Kalyan Rai received some injuries as a result of throwing on brickbats. After a few minutes the accused got down from the roof of Komil Prasad and ran away from the scene of occurrence.

(3.) This incident took place on 25.12.1976 at about sun set at village Shyampur which is about three miles from police station Nawabganj. A report of this incident was lodged by Khem Karan at police station Nawabganj on the same day at 8.00 P.M.