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

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants Baleshar, Sheo Nath, Garib (since died), Gharbharan (since died), Bachha alias Om Prakash and Lal Chand (since died) against the judgment and order dated 27.1.1983 passed by III Additional District & Sessions Judge, Deoria in Sessions Trial No.254 of 1982, State Vs. Baleshar and others relating to case crime no.35 of 1980 whereby all the aforesaid accused-appellants have been convicted and sentenced for the offence under section 302 read with 149 IPC to undergo imprisonment for life, for the offence under section 323 read with 149 IPC to undergo six months rigorous imprisonment and for the offence under Section 147 IPC to undergo rigorous imprisonment for 1 year.

(2.) Appellant no.3 Garib, appellant no.4 Gharbharan and appellant no.6 Lal Chand died during pendency of the appeal. Therefore, appeal filed on their behalf has been abated vide order dated 21.5.2015 of this Court. Thus, the appeal filed on behalf of the appellant no.1 Baleshar, appellant no.2 Sheo Nath and appellant no.5 Bachha alias Om Prakash is before the court for consideration.

(3.) Prosecution story, in nutshell, as unfolded in the written report (Ex.Ka.-1), is that on 24.3.1980, informant Roshan Harijan (P.W.1) resident of village Barhya Hardo, P.S. Lar, District Deoria submitted a written report Ex.Ka.-1, scribed by Tengari Prasad Yadav, before the Police Station Lar, District Deoria mentioning that in the evening of 24.3.1980 at about 7:30 P.M., informant and his father Vishambhar Harijan, who was also the Pradhan of the village, were returning home from the Lar Road Market. As and when they reached near the village, they saw that Garib Harijan, Baleshar Harijan, Gharbharan Harijan, Bachha, Lal Chand and Sheo Nath, all residents of the same village, were forcibly occupying the abadi land by fixing nad and khoota on it. Informant's father Vishambhar asked them why were they occupying the abadi land in the night. Upon this, accused Garib exhorted his companions to kill the Pradhan to remove the hurdle as he creates problem again and again. On hearing this, all accused persons equipped with lathi and danda started assaulting the Pradhan. When informant and his brother Ghurbari tried to save his father, then accused persons also started assaulting them. Hearing the hue and cry, Siree Harijan, Gulab Harijan and many other people came there and intervened in the matter, whereupon the accused persons fled away from the place of occurrence. Informant, his brother Ghurbari and father Vishambhar had received several injuries. There was no hope for survival of Vishambahar. Informant along with all the injured went to the police station to lodge the complaint.