DATARAM RISHIPAL GANGA PRASAD SONPAL Vs. STATE

JUDGEMENT

(1.) This criminal appeal by three accused is directed against the judgment and order-dated 8.4.1981 passed by Sri Krishna Kumar, the then Additional Sessions Judge, Shahjahanpur in ST. NO. 414 of 1979 whereby he convicted Dataram and Rishipal under Sections 323 and Section 324 read with Section 34 of the Penal Code and each of them was sentenced to suffer R.I. for a period of one year and two years respectively. The third accused Sonepal was found guilty under Section 324 I.P.C. and Sections 323/34 I.P.C. and was directed to undergo rigorous imprisonment for a period of two years and one year respectively. Both the sentences of each of the accused were directed to run concurrently.

(2.) In brief, the prosecution case was as under: PW 1 Budhpal son of Rameshwar is the first informant. Accused Dataram and Rishipal sons of Ganga Prasad are real brothers. They had their third brother Shyam Pal whose wife was enticed away about ten months prior to the incident in question. The accused had a suspicion that Budhpal was involved in abduction of the wife of Shyam Pal, and as such, the appellants were annoyed with the informant. The informant and accused were residing in village Moghata Police Station Jaitipur. Accused Sonepal is brother- in-law of Dataram.

(3.) On 15.8.1976 in the evening (before sunset) Budhpal was cutting grass in his field situated towards east of the village. All of a sudden, Dataram and Rishipal armed with lathies and their brother-in-law Sonepal who also lived in village Moghta having a Kanta arrived there and all the three accused in furtherance of their common intention assaulted Budhpal mercilessly and caused several injuries. On alarm raised by Budhpal, co-villagers, Bankay Lal son of Tula and Raksh Pal son of Jai Ram, who were also present in the fields, rushed there and challenged the assailants. Thereafter, accused ran away.