CHHUTTAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appelas arise out of judgement dated 23-7-79 passed by IIIrd Adl. Sessions Judge, Moradabad in S.T. No. 742 of 77 and 690 of 78. By these judgements, the accused Mullue and Chhuttan have been convicted under Section 324 IPC and sentenced to undergo 3 years' R. I. Accused Ram Charan has been convicted under Section 324/34 IPC and sentenced to undergo 3 years' R. I.

(2.) The prosecution case started on the basis of an oral F.I.R., Exhibit Ka 1, lodged by Hari Shankar, P.W. 1 at P. S. Bilari on 8-10-76 at 7 P.M.

(3.) He has alleged that he is a resident of village Aparput Tandi. His father died long ago. Thereafter, his mother remarried with Sheo Charan Pandit and he was living along with the mother at the house of the complainant. The real father of complainant had left 28 bighas as of land. Meanwhile the complainant's mother developed illicit relations with the accused Ram Charan. This development was not liked by the complainant. He several times asked his mother to desist from such relationship, but she did not relent. Nay, this objection of the complainant was not relished by her as well as Ram Charan. The accused were on friendly terms with each other. On 8-10-76, the complainant was going to village Khekda. On the way a little away from village Khekda, the accused intercepted him. Ram Charan had a lathi. Mullu had a pistol and Chhuttan had a knife. Ram Charan first asked him to behave properly if he wanted to live in the village and he should not poison his mind more than needed. The complainant did not say anything except denying any motive on his part. At the behest of Ram Charan, Chhuttan pierced his knife in the body of the complainant. Thereafter Ram Charan further exhorted Mullu to fire at the complainant which he did. Thereafter, an alarm was raised. The persons nearby assembled. The accused retreated with their weapons.