KEDAR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been preferred by the accused appellants, namely Kedar, Shivnath, Narendra, Shiv Bachan, Mangala, Smt. Munia, Ram Bachan, Ram Chandra and Ram Kishun against the judgment and order dated 21st of March, 1983 passed by the IV Addl. Sessions Judge, Ghazipur in Sessions Trial No. 114 of 1982 (State vs. Kedar & others), whereby accused -appellants Kedar and Sheonath were convicted and sentenced to undergo two years' R.I. U/s. 440 IPC, six months' R.I. under Sec. 323/34 IPC, one year's R.I. U/s. 147 IPC, five years' R.I. U/s. 326/149 IPC, six months' R.I. U/s. 323/149 IPC. Accused -appellant Narendra was convicted and sentenced to undergo two years' R.I. U/s. 440 IPC, six months R.I. U/s. 323/34 IPC, 18 months' R.I. U/s. 148 IPC, five years' R.I. U/s. 326/149 IPC, six months' R.I. U/s. 323/149 IPC. Accused -appellant Sheo Bachan was convicted and sentenced to undergo two years' R.I. U/s. 440 IPC, six months' R.I. U/s. 323 IPC, one year's R.I. U/s. 147 IPC, five years' R.I. U/s. 326/149 IPC, six months' R.I. U/s. 323/149 IPC. Accused -appellant Ram Bachan was convicted and sentenced to undergo 18 months' R.I. U/s. 148 IPC, life imprisonment u/s. 302 IPC, six months' R.I. U/s. 323/149 IPC. Accused -appellants Mangala, Smt. Munia, Ram Chandar and Ramkishun were convicted and sentenced to undergo one year's R.I. U/s. 147 IPC, five years' R.I. U/s. 326/149, six months' R.I. U/s. 323/149 IPC. All the sentences were ordered to run concurrently.

(2.) Out of the nine accused -appellants, accused -appellants, namely, Kedar, Shiv Nath, Mangala and Smt. Munia have died, as per report of the Chief Judicial Magistrate, Ghazipur dated 17.7.2015 and as such, the appeal on their behalf stands dismissed as having abated.

(3.) The prosecution case in nutshell was that on 21.8.1981 PW1 Sheochand and his deceased brother Deepchand were at work at the house of PW4 Lachhmi Kalwar in the main abadi of Village Tajpur which lies to the north of the railway station and in their absence accused Kedar, Sheo Bachan, Sheonath, Narendra around 5 PM, started demolishing a hut raised by them over the land in respect of which litigations were going on between them and accused Kedar and others and when Smt. Salabia remonstrated against the high handedness, accused Sheo Bachan gave her some lathi blows, as a result of which, she received lacerated wounds on her head. The incident was pacified and the accused Sheo Bachan and others came back to their house. After the incident, Urmila, the daughter of deceased Deepchand, went to the house of Lachhmi Kalwar and informed her father Deepchand (deceased) and her uncle PW1 Sheochand about the incident, whereupon they both obtained permission from Lachhmi Kalwar and rushed towards their house when on their way they reached near the house of accused Kedar around 5:30 PM all the aforesaid accused, out of whom Narendra and Ram Bachan were armed with spears and rest with lathis, intercepted them and at the instigation of Smt. Mania started beating them. Accused Ram Bachan during the incident is said to have given the fatal spear blow which landed on the chest of the deceased Deepchand, who fell down and died instantaneously. PW1 Sheochand is said to have snatched the lathi from one of the assailants Smt. Munia and wielded it in his defence. On the alarm a number of witnesses, including Mohan (PW2), Soyamber, Dharamdeo and others, who were not produced, reached on the scene of the occurrence and witnessed the incident. It is said that out of the assailants, accused Ramkishun, Mangala, Sheo Bachan, Sheonath, Kedar and Smt. Munia were overpowered on the spot by the witnesses and the rest managed to slip away.