STATE OF U P Vs. SANKATHA

JUDGEMENT

(1.) THIS Government appeal has been filed on behalf of the State from judgment and order dated 16th of April, 1981 passed by V Additional Sessions Judge, Azamgarh in session trial No. 76 of 1980, State v. Sanktha and Ors., acquitting accused Bankey Rai and Yogendra Rai of the charge levelled against them under Section 302 read with Section 34 IPC.

(2.) BY the impugned judgment the learned trial Judge convicted accused Sanktha for the offence punishable under Section 304 Part II IPC and sentencing him to three years' rigorous imprisonment thereunder. However Criminal Appeal filed by accused Sanktha numbered as 871 of 1981, Sanktha v. State, stood abated vide order dated 27th of July, 2005 as he was reported having died.

(3.) BRIEF facts giving rise to this appeal are that at 5.00 p.m. on 15th of January, 1980 Hari Ram lodged an F.I.R. at police station Gambhirpur, District Azamgarh alleging that after sunrise that very morning his father Surya Bali went to his fields and started irrigating the same that in the meanwhile Sanktha also reached there and suspected that he had slashed the embankment in order to irrigate his fields and started vituperating Surya Bali which resulted in altercation between them and Sanktha went back threatening him. At about 11.00 a.m. that very day Sanktha taking lathi and his brother Bankey Ram with 'gandasi' alongwith his son Yogendra Rai with gun reached there and started giving blows to Surya Bali with their respective weapons. On hearing hue and cry raised Hari Ram, Ferai, Gobri and several others reached the scene of occurrence and saw all the three assailants giving blows to Surya Bali with their respective weapons and made him fall on the ground. Sighting the witnesses the assailants took to their heels. Immediately Hari Ram taking his injured father in a taxi went to Mohammadpur Hospital but since there was no doctor available he taking his injured father who was unconscious rushed to District Hospital, Azamgarh where he was admitted. The police registered a crime against the accused under Sections 323, 324 and 304 IPC accordingly and made entry regarding registration of the crime in the GD.