STATE OF U P Vs. KEDAR BHARTI

JUDGEMENT

(1.) NINE persons were tried before the III Additional Sessions Judge, Ghazipuar, in Sessions Trial No. 314 of 1979. They were (1) Kedar Bharti (2) Rishideo Bharti (3) Kumar Bhatri (4) Jairam Bharti (Nos. 1 to 4 all sons of Lachhan Bharti) (5) Raj Narain (6) Vakil (7) Bashisth (Nos. 5 to 7 sons of Sumer Bharti) (8) Vijay Narain son of Rishideo Bharti and (9) Balrampuri (relative of Rishideo). Out of them, Kedar Bharti, Vakil and Balrampuri were allegedly armed with countrymade pistols and the rest had lathis. Out of the 9 accused, Vijay Narain Bharti, Rishideo Bharti and Balrampuri came to be convicted vide judgment and order dated 22 -7 -1982, passed by Sri D.S. Ram, III Additional Sessions, Judge, Ghazipur, under Section 147 IPC, 323 read with Section 149 IPC and 325 read with Section 149 IPC. Each of them was sentenced by the trial Court to undergo three months' rigorous imprisonment under Section 325 read with Section 149 IPC, one month's rigorous imprisonment under Section 323 read with Section 149 IPC and two months' rigorous imprisonment under Section 147 IPC. All the sentences were ordered to run concurrently.

(2.) THE convicted accused, namely, Rishideo Bharti, Vijay Narain Bharti and Balrampuri have preferred Criminal Appeal No. 1832 of 1982. The connected Government Appeal No. 2745 of 1982 has been filed by the State against the acquittal of the remaining six accused, namely, Kedar Bharti, Kumar Bharti, Raj Narain Bharti, Jairam Bharti, Vakil and Bashisth. We are deciding both the appeals together. The essential facts may be stated briefly.

(3.) ON 2 -3 -1978, the crop of Latri and Matar (pea) sown by Manohar Lal PW 3 was standing in plot No. 68 -II part and he was getting the same harvested through his labourers at about 7 a.m. The crops sown by Lallan, Lalta and other purchasers were also there in plot No. 68 -III part. The crop of Manohar Lal complainant was ripe in the southern portion and semi -ripe in northern portion because the northern portion was a low level land. The accused persons came over there armed as stated above. They challenged Manohar Lal and obstructed the harvesting of the crop by his labourers. Manohar Lal and Kedar Bharti exchanged hot words. The witnesses Lallan PW 1 and Lalta PW 4 also reached there no commotion. Manohar Lal was asserting that since he had sale -deed in his favour, he would cut the crop. Lallan Singh also asserted likewise. Kedar Bharti became annoyed and opened fire from his countrymade pistol. Lallan Singh immediately moved aside and saved himself. Kedar Bharti loudly commanded his associates to assault Lallan Singh. Then the accused persons assaulted Lallan Singh with lathis. The complainant Manohar Lal ran away to some distance. Lalta PW 4 tried to rescue his brother Lallan PW 1 but he was also assaulted by the accused persons. Both of them received injuries. On shouts, the witnesses Satya Narain, Rajdeo, Siddhnath and others came over there and rescued Lalta and Lallan who had sustained injuries. The injured persons then went to the Police Station with Manohar Lal where the written report was lodged by him at 8.30 a.m. A case was registered and the investigation was assigned to SI Vikram Singh PW 7. The injured Lallan Singh and Lalta Singh were sent by the Investigating Officer to the Primary Health Centre, Mohammadabad, District Ghazipur where their injuries were examined by Dr. C.S.K. Rai, PW 2 between 11.45 a.m. and 12.30 p.m. on 2 -3 -1978.