SADHOO Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 29.4.1983 passed by IV Addl. Sessions Judge, Allahabad in Sessions Trial No. 375 of 1981 (State Vs. Sadho and Others), whereby the accused-appellants Sadhoo, Lalloo, Mangar, Bachchan and Desraj have been convicted and sentenced to life imprisonment under Sections 302 read with 149 I.P.C. They have been further convicted and sentenced to two years rigorous imprisonment under Section 148 I.P.C. It was further directed that both the implanted sentences shall run concurrently.

(2.) It was reported that appellants Sadhoo and Mangar died during pendency of appeal, therefore, appeal filed on behalf of them has been abated and we are required to consider this appeal only with regard to the appellants Lalloo, Bachchan and Desraj.

(3.) The facts giving rise to this appeal are that on 13.9.1980 at about 8.30 A.M. informant Hanuman son of Ram Prasad resident of Village Tikri gave a written report (Ex.Ka-1) at police station Manjhanpur, District Allahabad with the allegations that in the morning of 13.9.1980, informant Hanuman, his father Ram Prasad, his Bua Gulahri and his sister were doing peeling work (nirai) in their field. At about 7:00 A.M., accused persons namely Sadhu, Bachchan, Lalloo of the same village and his maternal uncle accused Mangar and Mangar's nephew belonging to village Chhikalpur and accused Deshraj resident of village Bhaktan Ka Purva came there armed with kulhari, pharsa and tamancha from the side of the gauda of Sadhu. Accused Mangar and Lalloo were armed with tamancha, while Sadhu and Bachchan had pharsas with them. Accused Deshraj and Mangar's nephew were armed with kulharis. They surrounded the informant's father Ram Prasad in the field. Ram Prasad ran towards the village raising alarm. The assailants chased Ram Prasad and caught him near the gauda of Rameshwar. Informant Hanuman, his Bua and Sister also followed them. Mangar and Lalloo fired shots with their pistols on Ram Prasad. Sadhoo and Bachchan assaulted Ram Prasad with pharsa, while Deshraj and Mangar's nephew assaulted him with kulharis. On alarm being raised, witnesses Mani Ram Pradhan, Chaube Gaderiya and Rameshwar Kori reached there. Accused Mangar exhorted the other assailants not to spare Hanuman also, but his Bua and sister intervened in the matter and rescued him. In the meantime, other villagers also reached there. The assailants fled away towards east. It was further stated in the written report that about one and a half months back, somebody assaulted Mangar in his house. He implicated Ram Prasad and Hanuman as accused in that incident. Accused Mangar was the real maternal uncle (mama) of the informant Hanuman. The mother of the informant had died. Mangar had given some land and a house to the father of the informant. Later on, Mangar took back the land from Ram Prasad due to which relations between them became strained. When Mangar was assaulted by some one in the night while sleeping, he raised suspicion on Ram Prasad (deceased) and falsely implicated Ram Prasad (deceased) and the informant. Due to this reason, Mangar and his companions committed the murder of his father Ram Prasad.