NAURANGI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Naurangi Lal, along with one Bhagwant, have been convicted under Sections 302/34 and 307/34, I.P.C., by judgement and order dated 15-10-1980 passed by IInd Additional Sessions Judge, Etah. The third accused, Pati Ram son of Bhagwant, was acquitted. The appellants were, however, acquitted for offence under Sections 323/34, I.P.C.

(2.) Bhagwant filed a separate appeal, being Criminal Appeal No. 2370 of 1980. It was stated by the learned counsel appearing for the appellant that Bhagwant has died. The report in this regard has been called from the C.J.M. Etah and, in the meanwhile, it was directed that the appeal of Bhagwant be delinked.

(3.) The deceased Patiram, son of Liladhar, was the real brother of the complainant Mani Ram, Maharaj Singh is the son of the complainant. Accused Pati Ram and Naurangi Lal are real brothers and Bhagwant is their father. The accused above named and the complainant and the deceased were residents of the same village Joga Mai Kalan. According to the prosecution, on 14-10-1979 the appellant, along with other accused, encroached upon the land in possession of Mani Ram by digging foundation and constructing foundation wall. This was objected to by Maharaj Singh and others. The complainant Mani Ram along with the deceased. Patiram were working on their 'Rehat' at about 12 noon. They heard the shouts of Maharaj Singh. On hearing the shouts the complainant and the deceased Patiram rushed towards the village Abadi and found that the accused Pati Ram son of Bhagwant and Bhagwant armed with lathis and Naurangi Lal armed with the licensed gun of this brother were quarrelling with the children. The complainant said to them that they have dug up a foundation illegally and on the top of it they are quarrelling. On shouts being raised Chob Singh and other persons came there. The accused attacked the complainant and others with lathis and gun causing injuries to Pati Ram and his son Maharaj Singh. A first information report of this incident was lodged by Mani Ram on 14-10-1979 at 2 p.m. at police station Kotwali, district Etah and a case under Section 307, I.P.C. was registered Pati Ram, who was live till then, and Maharaj Singh were sent to the hospital where PW 2 Dr. R. P. Dixit examined them. He found the following injuries on their person :-Pati Ram1. Abraded contusion 3 cm. x 3 cm. on the left side front of chest left side 5 cm. above the left nipple and 7 cm. below the left clavicle.2. Abrasion 3 cm. x 1 cm. on the left side of abdomen 3 cm. below the left lower border of rib.3. One firearm wound of entry 1 cm. x 1 cm. on the left side of abdomen 7 cm. from the mid line and 7 cm. below the lower border, of rib left side. It is' cavity deep, probing not done due to surgical reasons.