KALI CHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants Kali Charan, Jawahar, Khan Sahai (since died), Raghuvir (since died), Mani Ram, Brindawan and Atma Ram (since died) against the judgment and order dated 13.11.1987 passed by II Additional Sessions Judge, Etah in Sessions Trial No.364 of 1986, State Vs. Kali Charan and others whereby accused-appellant Kali Charan was convicted and sentenced for the offence under Sections 302 IPC to undergo imprisonment of life and for the offence under Section 148 IPC to undergo rigorous imprisonment for 11/2 years. Other accused-appellants were convicted and sentenced for the offence under Sections 302 read with 149 IPC to undergo imprisonment of life and for the offence under Section 148 IPC to undergo rigorous imprisonment for 11/2 years.

(2.) Prosecution story in nutshell is that on 6.5.1986, a written report was submitted at the police station Jaithra by the informant Hakim Singh mentioning therein that on 6.5.1986, he (informant) along with number of other persons of village Tossaiya had gone to take part in the fair of Baba Lalpuri. The deceased Chandrahas alias Pappu aged about 15 years was also with them. In the fair, an altercation had taken place between accused Jawahar Singh and Chandrahas over the drinking water from a public water supply system. It may be mentioned here that all the accused are Dheemar by caste while all the prosecution witnesses including the deceased belong to the Lodha caste. Hakim Singh and others alongwith Chandrahas were returning to their village from the fair at about 6:00 P.M. When they were near the tube-well of Jawahar, they found accused-appellants named above hiding themselves behind the cowdung pyramids. Out of them, accused-appellants Kalicharan and Jawahar were armed with guns and rest of them were armed with countrymade pistols. On seeing the complainant Hakim Singh, Chandrahas and their companions, accused Jawahar came out hurling abuses that they would not spare any of them (Hakim Singh etc.). Upon hearing this statement of Jawahar, Hakim Singh and his companions started running for their life towards village. Jawahar fired upon them from behind but the shot did not hit anybody. Thereafter, Kalicharan fired gunshot which hit on the head of Chandrahas alias Pappu who fell down unconscious on the spot. Thereafter other accused also fired with murderous intention but fortunately none was injured. Hakim Singh and others raised alarm. In response to the alarm raised by Hakim Singh, Netrapal alias Naresh Singh, Ram Dularey, Sunder Singh and many other people of the village came on the spot and on their intervention, the accused fled away to their village which was at a short distance from the place of occurrence.

(3.) On the basis of written report (Ex.Ka-1) submitted by the informant Hakim Singh, Chick first information report (Ex.Ka.-9) was initially registered at crime no.124 of 1986 under Sections 147, 148, 149, 307 IPC at Police Station Jaithra on the same day at 23:00 hours against all the accused-appellants. G.D. Entry (Ex.Ka.10) was also made at Rapat No.33 on the same day.