DASRATH Vs. STATE OF U P

JUDGEMENT

(1.) The two appellants have been convicted under section 307 read with 34 IPC and sentenced to four years rigorous imprisonment each by Mr. B. N. Mohilay, the then II Additional Sessions Judge, Mirzapur by his order dated 23.12.1978. Feeling aggrieved of this order they have now come up in appeal.

(2.) The case proceeded against five persons namely the present appellants and Sitaram, Ram Murat alias Murat and Banshi and it was under sections 148, 147, 307 and 307/149 I.P.C. Benefit of doubt was granted to Sitaram, Ram Murat alias Murat and Banshi, and they were acquitted But the case against the present appellants was found by the learned Judge to have been proved beyond doubt and hence the order of conviction and sentence was passed.

(3.) The prosecution case was that Bansnarain had gone for bath to the village pond on 26 4.76 at about 5 p.m. while he was returning from there at about 5.30 p.m. this occurrence took place. Near a banyan tree not very far away from the village-pond, the five accused persons named in the first information report including the present appellants were waiting for him. They surrounded him. He was caught by his wrist and thrown on the ground and then Dasrath who was armed with a ballam, at the exhortation of some others pierced his ballam into his abdomen. Then the culprits all fled away. The victim who was a young boy started raising an alarm and ran up to some distance but ultimately fell down in the field of Khichari. Some of the witnesses arranged for a cot and brought him to Jamalpur hospital where he was medically examined in the Primary Health Centre and then advised to be taken to Varanasi, district Hospital. He was brought to Varanasi District Hospital and was admitted in the emergency ward. He was operated upon and when he recovered, he was discharged, but later on he developed some complications, got himself readmitted in the same hospital, was operated again and succumbed to his injury on 5.7.1977.