DWARIKA YADAV Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Dwarika Yadava, Mahesh Yadava, and Mangala Yadava. The three appellants were tried in Sessions Trial No. 47 of 1971 by the learned Sessions Judge, Ballia. He found Dwarika guilty of an offence under Section 302, I. P. C. and convicted and sentenced him to life imprisonment. He also found him guilty of the offence under Section 323, I. P- C. for causing simple hurt to Gauri Shanker and sentenced him to rigorous imprisonment for one year. He further convicted him under Section 323 read with Section 34, I. P. C. for causing simple hurt to Hardeep and sentenced him to undergo rigorous imprisonment for six months. The two appellants Mahesh and Mangala were convicted of the offence under Section 302 read with Section 34, I. P. C. and sentenced to life imprisonment. Mangala was also convicted of the offence under Section 323, I. P. C. for causing simple hurt to Hardeep and he was sentenced to undergo rigorous imprisonment for six months. Mahesh was convicted under Section 323 read with Sec tion 34, I. P. C. for causing simple hurt to Hardeep and he was sentenced to undergo rigorous imprisonment for six months. All the sentences of the three appellants were made to run concurrently.

(2.) THE prosecution case was that Dwarika and Mahesh appellants are brothers. They are residents of village Mathia Jaidipur. Mangala appellant is their cousin. The complainant Satya Narain who is also resident of village Mathia Jaidipur is son of the deceased Manhgu. He has two brothers Hardeep and Gauri Shanker. At the time of the incident Gauri Shanker had been of unsound mind. There was a field belonging to Munni Teli at village Mathia Jaidipur. Manhgu and his sons raised potato crop in that field on wages. On 21st November, 1970 at 2. 45 p. m. Dwarika appellant had been irrigating the field of Munni Teli whereupon Gauri Shanker gave him a push saying that he would turn him out of the field as they had sown crop in the field. Dwarika appellant gave a blow with his Kudal on the head of a Gauri Shanker resulting in a bleeding injury. Gauri Shanker's father Manhgu and his brother Satya Narain who were at their Palani which was at a distance of 15 paces came. In the meanwhile Dwarika had run away. While Manhgu and Satya Narain were taking Gauri Shanker to the house of the Pradhan abusing Dwarika for causing injury to Gauri Shanker, Dwarika and the other two appellants Mahesb and Mangala came. Mahesh exhorted to beat whereupon Dwarika who was armed with a spear inflicted a blow with his spear on the chest of Manhgu. Mahesh inflicted a blow with his lathi on the head of Manhgu. Manhgu fell down and died on the spot. Hardeep had come in the meanwhile. He was also beaten by Mangala with his lathi. The appellants thereafter ran away.

(3.) SATYA Narain dictated a report to Paras Nath. It is Ext. Ka-1. Satya Narain submitted it at the police station at 4. 30 p. m. on 21st November, 1970. Ram Daras Singh, Head Moharrir, police station Sahatwar prepared a check report Ext. Ka-13 on the basis of the written report of Satya Narain and registered a case in the general diary against the appellants.