RAGHUBIR Vs. STATE OF UP

JUDGEMENT

(1.) This criminal appeal arises from a judgement of the Special Judge, Shahjahanpur dated 15.4.1983, passed in S.T. No. 639 of 1982 convicting and sentencing the appellants to imprisonment for life, under section 302/34 I.P.C and five years R.I. under section 307/34 I.P.C. The sentences were to run concurrently.

(2.) As two of the appellants Chandrapal and Kripal have died, their appeal was made to abate by an order dated 26.5.2014. Now the appeal survives only insofar as Raghubir and Malkhan are concerned.

(3.) The prosecution version as disclosed in the FIR, lodged by Smt. Rajeshwari, was that her father, the deceased Kheoraj was Ex-Pradhan of the village. In the Pradhani elections of that year, Jhabbu, brother of the appellants Raghubir and Chandrapal was intending to contest. The appellant-Raghubir was putting pressure on Kheoraj not to contest the election so that his brother Jhabbu could be elected as Pradhan on this occasion. But Kheoraj did not agree to this proposal because of which both Jhabbu and Kheoraj lost to Sri Ram of Nayagaon, causing Raghuvir to nurse a grudge against him. The appellant Chandrapal was arrested by the police with some illicit liquor on 22.7.82 and after being released on 23.7.1982, the appellant Chandrapal had announced that Kheoraj was after them and something should be done about him. On 24.7.1982 at about 11.00 a.m when Kheoraj was plucking out paddy plants which were being transplanted by the informant Smt. Rajeshwari, Raghubir armed with a 'Bhala' and the appellants Chandrapal, Kripal and Malkhan, who were armed with 'Lathies' arrived there and started assaulting Kheoraj. When the informant Smt. Rajeshwari tried to intervene, she was also belaboured by these persons. On her cries, her mother Ramwati, wife of the deceased, Manohar, Moonga and her maternal uncle Lallu arrived at the spot. On their alarms, the appellants fled in the western direction.