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

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 24.8.1983 passed by the IVth Additional Session Judge, Basti in Sessions Trial No. 259 of 1982 (State Vs. Pancham and another) whereby the appellants were convicted and sentenced to undergo one year rigorous imprisonment under Section 323/34 I.P.C., five years' rigorous imprisonment under Section 325/34 IPC and imprisonment to life for offence under section 302/34 IPC. All the three sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is as follows;

(3.) The complainant Badlu, P.W. 1 and both the accused appellants No. 1 and 2 namely Pancham & Jaggoo respectively are resident of the village Bagul Hava, Police Station Shohratgarh, District Basti. Four-six days before this incident, the sister of accused Jaggoo disappeared. The accused Jaggoo and his father Pancham had a suspicion that the deceased Chandrika was responsible for the disappearance of the said girl. On 25.5.1982, at about 4.30 P.M, the deceased Chandrika was returning from the shop of a blacksmith where he had gone for the repair of his Kudal. On his way back when he reached near the house of accused Pancham, the accused Jaggoo interrupted him and said that he was responsible for the kidnapping of his sister. The deceased Chandrika replied that he had no knowledge about it. Thereafter, the accused Jaggoo started manhandling the deceased Chandrika. The deceased Chandrika was pushed down on the ground by him. The other accused Pancham also rushed to the spot on the call of his son Jaggoo with a Kudal in his hand. Thereafter, the accused Pancham inflicted four Kudal blows over the body of deceased Chandrika whereas accused Jaggoo held him in his grip. During the tussle, an alarm was raised by the deceased Chandrika which attracted his father Badlu, P.W. 1 and the witnesses Abdul Jabbar, P.W.2 and Abdul Hamid Usmani, P.W.3. The incident was seen by all these witnesses. When Badlu, P.W. 1 attempted to intervene to save his son Chandrika, he was also assaulted by the accused Pancham with the back side of his Kudal as a result of which simple and grievous injuries were sustained even by him. The deceased Chandrika died on the spot as a result of incised wounds sustained by him from the Kudal of accused Pancham.