RAJJAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been preferred on behalf of the accused namely Rajjan against the judgment and order of conviction and of sentence dtd. 6/9/1983 passed by learned Additional Sessions Judge IV, Court No.1, Etawah, in Sessions Trial No. 341/1981 (State of U.P. versus Rajjan), arising out of Case Crime No.75/1978 Police Station Dibiyapur, District Etawah, whereby the appellant was convicted for offence punishable under Sec. 302/149 of Indian Penal Code and was sentenced to undergo imprisonment for life, 323/149 of Indian Penal Code for causing simple hurt and was also convicted for offence punishable under Sec. 147 Indian Penal Code .

(2.) The accused was challaned by the police of Dibiyapur police station for committing the offence punishable under Sec. 302/149, 323/149 & 147 of IPC. The case was committed to the Sessions Court for trial.

(3.) The allegation against the accused is that Rajjan along with Babu Ram, Vedprakash, Balveer and 7/8 other companions formed an unlawful assembly at Brahmadev fair in village Jamauli, Police Station Dibiyapur, District Etawah on 23/4/78, with their common object to murder Murli Prasad and to injure other persons namely Ramprakash, Horilal, Kanhaiyalal and Rampratap. In furtherance of their common object, they caused several injuries by Lathi on Murli Prasad, as a result of which he died. They also caused injuries to Ramprakash, Rampratap, Horilal, Kanhaiyalal with Lathi. Thus, case under the varioius provisions of Indian Penal Code was registered against the accused/appellant-Rajjan. Thereafter, charges were framed for committing punishable offence under Ss. 302/149, 323/149 and 147 of the Indian Penal Code.