KISHORE AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) On the accusation that Ram Sunder alias Nachkau, Sukhamber, Nand Kishore, Ram Dhan, Pitam alias Pitamber and Mathura alongwith Ram Murat, Radhey Shyam, Smt. Rohini and Lakhan, since acquitted, had formed an unlawful assembly on 25.5.1974 at about 9.30 a.m. in village Bhadilwa, police station Ghurpur district Allahahad and in prosecution of the common object of the said unlawful assembly assauked Atar Singh, Sushil Kumar and Paras Nath, the accused persons were charged under Sections 147, 307 and 149 Indian Penal Code and tried by IV Addl. District and Sessions Judge, Allahabad.

(2.) In order to prove its case that prosecution examined four eye-witnesses PW 1 Paras Nath, Atar Singh (PW 2), PW 3 Murli Dhar and PW 4, Bhagwat Prasad. Dr. S. N. Srivastava was examined as PW 5, whereas the testimony of Investigating Officer Sri Shyam Singh was recorded when he stepped in witness box as PW 6.

(3.) All the four eye-witnesses consistently supported the prosecution version to the effect that four biswas of parti land owned by Mathura Prasad was situated towards south of his house in the abadi of village Bhadilwa. Residential house of Atar Singh was situated in the east of that parti land. The field of Paras Nath is situated towards south of the said land. On the north eastern corner of field of Paras Nath there was a land mark. It was uprooted by Mathura Prasad and his wife Smt. Rohini inspite of objections made by Paras Nath. After few days the accused Mathura, started digging foundation in the south of the land mark thereby encroaching upon the land of Paras Nath. A Nabdan (Nali) of the house of Atar Singh existed in the west of his house which ran towards the field of Paras Nath. At about 9.30 a.m. on 25.5.1974, all the accused persons formed an unlawful assembly after arming themselves with lathies and in pursuance of the common object of unlawful assembly they assaulted Paras Nath and others. They started filling in the foundation and constructing the wall on the encroached land of the field of Paras Nath and closed the Nabdan of the house of Atar Singh. When Paras Nath raised objection, Nand Kishore accused exhorted his co-accused whereupon all of them attacked Paras Nath and caused serious injuries on various parts of his body including head. On alarm being raised by Paras Nath, PW 5. Atar Singh, Sushil Kumar and Jagdhir Singh arrived at the spot but they were also attacked by the accused persons with lathis. Ram Pyare, Asharfi Lal Gupta, Roshan Lal, Bhagwat Prasad and others when arrived at the spot the accused persons fled away.