MANORATH AND ORS. Vs. STATE

JUDGEMENT

(1.) The instant appeal, filed under Section 374 Cr.P.C. by eight accused appellants, is directed against judgment and order dated 4th March, 1982 passed by Sri J.A. Farooqi, 5th Additional Sessions Judge, Faizabad in Session Trial No. 275 of 1981 (State Vs. Manorath and others) whereby they were convicted under sections 302/149, 147, 201 IPC and sentenced to undergo imprisonment for life, rigorous imprisonment for one year and six months respectively. During the pendency of the appeal, appellants Ram Dulare alias Dulare, Bhadai, Birtanti, Ram Deen had died, appeal filed by them stood abated.

(2.) Prosecution case, in the present appeal is as under:

(3.) Keshav Raj Singh R/o village Para Tajpur, P.S. Inayat Nagar, District Faizabad gave a written report at the police station on 4th April, 1981 at 7.15 p.m. mentioning therein that on that date at about 3 p.m. his son Pooran Singh went to village Maan Ka Purva to make demand to Billa alias Indra Pal to pay him back the money borrowed earlier. At that time he was harvesting his crop of gram in a chak situated on the northen side of village Maan Ka Purva. Suddenly he heard hue and cry and went towards that side and saw Billa alias Indra Pal, Dulare, Birtanti, Keshan, Ramdeen, Madai, Bachchu Lal, Maharajadeen and Manorath were beating Pooran Singh with lathis below the ''Jamun' tree near south side of the house of Khilawan and saying we would not pay back money, we would kill him. Meanwhile Dasharath Singh, Manik Lal, Ram Bahadur Singh and many villagers came there and saw the incident. Accused persons after killing his son threw the body of his son into a pond. They were threatening to Kill any one who would come near them.