PRAMOD Vs. STATE OF U P

JUDGEMENT

(1.) ANANT Kumar, J 1. Since these criminal appeals under Section 374(2) Cr.P.C. has been filed against a common judgment, as such, they are being decided by a common judgment.

(2.) ALL these appeals have been filed by accused persons, namely, Pramod, Lodhey, Phussu, Patiram Tridev, Bechan, Lalu Brahman, Dulam, Newal, Baleshwar, Ram Teerath, Jagdeesh, Vijay, Shankar, Ram Pal, Naumilal, Dukhharan, Bhullan and Asharfilal against the judgment and order dated 15.6.2010 passed by the Additional Sessions Judge, (Fast Track Court) Court No. 28, District - Barabanki in respect of Sessions Trial No. 79 of 2006, Crime No. 236/2005, under Section 147, 148, 149, 323, 324, 307, 302, 504, 506, 34 I.P.C. and Section 3(II)V of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act"), Police Station - Asandra, District - Barabanki.

(3.) THE brief facts as unfolded by the prosecution are that on 15.11.2005 complainant Shrawan Kumar S/o Ram Sagar resident of Village - Saraiya, Police Station - Asandra, District - Barabanki submitted a written complaint before the S.O., Police Station - Asandra. The complaint is scribed by one Pradeep Kumar S/o Ram Saran, Village - Saraiya, Police Station - Asandra, District - Barabanki. It was disclosed in the complaint that the complainant is having an ancestral field in the village, which is situated by the side of the 'Kharanja' road, which is situated in the eastern side of the village. By the side of the said field, some land of 'Charagah' is there on which the family of the complainant was in possession and was using for agricultural purpose. In the said field the crop of 'Urd' was there. In the rest of the field about 20 - 22 days before the crop of Masur was sown. Yesterday, i.e. 14.11.2005 at about 4.00 pm husband of the Pradhan of village Naumilal came at the door alongwith Baleshwar, Patiram, Tridev, Newal and some other persons and gave filthy abuses of mother and sister to the father of complainant Ram Sagar and uncle Ramdev and asked them to vacate the field. Thereupon, the father and uncle of the complainant said that you get the field measured and if some additional land is found they will vacate the same. But the said Naumilal threatened if the land is not vacated, then it will not be good for them and in the night Naumilal and others filled the filed with water in which crop was sown. On 15.11.2005 at about 9.00 am Naumilal S/o Sri Ram having Kulhari, Patiram S/o Ketar, Phussu @ Premchandra S/o Bechoo Lal having Kulhari, Lalu S/o Deonarayan having Farsa, Dukh Haran S/o Ketar, Newal S/o Nandoo, Shanker S/o Sahajram, Jagdeesh S/o Lallan, Asharfilal S/o Nandoo, Vijay S/o Santram, Rampal S/o Jaggoo having Lathies, Ramtirath S/o Mata Prasad having Kulhari, Pramod S/o Nankoo having Tamancha, Lodhe S/o Bahadur, Bechan S/o Pyare, Bhullan S/o Awharwa having Banka. Baleshwar S/o Santram, Dulam S/o Bayar having Ballam and Tridev S/o Chotan having Trisul. All resident of Saraiya, Police Station - Asandra, District - Barabanki came to the said field where crop was sown for the purpose of taking possession. On getting information complainant, his father Ram Sagar, uncle Ramdeo, Ramshanker and brother Dharanath and sister Sarita, Padma and Rinki reached on the said field and restrained them from taking illegal possession over the land. Thereupon, Naumilal hurled filthy abuses and said that there is a good chance to eliminate the entire family and possess the land. Thereupon, all the accused persons in prosecution of their common object to kill started beating his father including, uncle, brother and sister, due to which father and uncle Ram Sagar and Ramdeo, sister Sarita Padma and Rinki and brother Dharanath sustained serious injuries. On hearing commotion Rajesh who was working in the nearby field came to their rescue but he was also beaten, due to which he also received injuries. Co -villagers working in nearby fields namely Pradeep, Ram Saran, Chande S/o Ramfal and Sadanath of village Pure Chitai and Vijay Pratap Singh of village Amahiya came running and challenged the accused persons. Thereupon all the accused persons after doing Mar -Pit fled away from the scene of occurrence. The complainant took the injured in a tractor with the help of Ram Prasad to the District Hospital where during treatment his father Ram Sagar and uncle Ramdeo succumbed to injuries and treatment of other injured persons continued. A request was made that his report be lodged and legal action be taken.