STATE OF U P Vs. BHARATHU

JUDGEMENT

(1.) Seven accused respondents were tried in Sessions Trial No. 354 of 1980 before the VII Additional Sessions Judge, Azamagarh. They were (I) Bharthu, (2) Bhuwal, (3) Bechoo, (4) Chandradhari, (5) Chander, (6) Sheobaran and (7) Chulli. All of them faced charges under Section 302 read with Section 149 I.P.C, and 323 I.P.C. Three of them, namely, Bharthu, Bhual and Sheobaran were charged for the offence of rioting under Section 148 I.P.C. as they were allegedly armed with spears and rest under Section 147 I.P.C. being armed with lathis. Bharthu and Bhuwal are real brothers being sons of Bhusi and Chandradhari is the son of Bharthu. All of them were acquitted where against the State has preferred this appeal.

(2.) One Ram Karan died in the incident. He was the nephew of Raja Ram, informant PW 1, who also happened to be an injured of the felony. Antu PW 2 and Munesar PW 3 also received injuries in the incident which occurred on 5.7.1980 at about 11 A.M. in village Chandpur Khalsa, P.S. Nijamabad, District Azamgarh. The report was lodged by Raja Ram PW I (nephew of the deceased) the same day at 2.05 P.M. The distance of the police station from the place of occurrence/about 5 miles.

(3.) The case in its broad essentials, as revealed from the F.I.R. and the evidence adduced in the court was thus: On the fateful day and lime, the informant Raja Ram PW 1 was at his house. His uncle Ram Karan was taking the bullocks to his grove for tying them after doing work in his paddy field. On account of earlier litigation and enmity, Bharthu and Bhuwal accused appeared there armed with spears and stopped his uncle Ram Karan from going towards the grove along with bullocks , saying that it was not the Rasta from abadi land. There was heated exchange of words between Ram Karan on the one hand and Bharthu and Bhuwal on the other. Raja Ram also reached on the spot. Meanwhile, the remaining accused respondents also reached there out of whom Sheobaran was armed with spear and rest had lathis. Ram Karan shouted for help and his uncles Antu and Munesar rushed up for his help. The accused persons started launching assault on Ram Karan with lathis and spears. When Raja Ram tried to come to his rescue, he, too, was assaulted by lathis as also Antu and Munesar. Ram Karan injured fell down. Baldhari, Sukhai, Dilram PW 3 etc. reached there and intervened. The accused persons then went away. The condition of Ram Karan was serious. He was removed on a cot, but succumbed to his injuries on the way to police station. Therefore, with the dead body, Raja Ram went to police station and lodged the F.I.R. On the basis of it check report was prepared and the case registered.