CHADUA Vs. STATE OF U P

JUDGEMENT

(1.) -Chhedua and seven others convicted by the Ilnd Additional Sessions Judge, Fatehpur, by his judgment and order dated 22.5.1979 on charges under Sections 147, 323/149, I.P.C. Accused Chhotey Lal and Bhagwan Deen were sentenced to pay a fine of Rs. 150 under Section 147, I.P.C. and others Rs. 100 under Section 323, I.P.C. and in default of payment of fine they were sentenced to rigorous imprisonment for nine months, the remaining accused were sentenced to rigorous imprisonment for one year and six months under Section 147, I.P.C. and one year's rigorous imprisonment under Section 323, I.P.C.

(2.) I have heard learned counsel for the appellants and the learned A.G.A.

(3.) COMING to the merits of the appeal on facts, it may be mentioned that the proceedings had commenced on a first information report lodged by one Jhallar on 20.3.1974 at 18-20 hours about an occurrence which took place at 4.00 p.m. on the same day. The allegations were that there was some dispute as to the extent of shares in the land held jointly by the two groups and as a relation for the same, the accused persons, numbering 8, had gone to the house of the informant and his brother who was armed with lathi etc., had assaulted Lallu, the brother of Jhallar. The first information report was taken as one under Section 308, I.P.C. It is very clear from the nature of the prosecution case that there was nothing in the first information report to indicate that there was any mind with any person amongst the accused to cause death and unless there is some action relating to culpable homicide, there would be no application of the provisions of Section 308, I.P.C. The nature of injury as was shown is very evident of the fact that the conviction has been made under Section 323, I.P.C.