JAI NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants, Jai Narain and 12 others, have filed this appeal challenging the judgment and order dated 7-3-1980 passed by V Addl. Sessions Judge, Aligarh in Sessions Trial No. 159 of 1978, whereby appellants, Jai Narain, Ram Prakash, Rishi Kumar, Munna, Bhagirath, Bankhandi, Gomti and Viro alias Virendra were convicted under Section 302, read with Section 149, I.P.C., 148, 324 read with Section 149 and S. 323 read with Section 149 I.P.C. and were sentenced to undergo life imprisonment, one year rigorous imprisonment, one year rigorous imprisonment and six months rigorous imprisonment under the said counts respectively, while appellants, Murari Lal, Ram Kumar, Sri Narain, Radha Raman and Ram Moorti were convicted and sentenced for life imprisonment under Section 302 read with Section 149, I.P.C., rigorous imprisonment for nine months under Section 147, I.P.C. rigorous imprisonment for one year under Section 324 read with Section 149, I.P.C. and rigorous imprisonment for six months under Section 323, read with Section 149, I.P.C. However, all the sentences were ordered to run concurrently.

(2.) As per the prosecution case proceedings under Section 107/116, Cr. PC were pending between the appellants and complainant's party of Mool Chand, injured, in the Court of Sub Divisional Magistrate, Hathras, district Aligarh regarding construction of Chabutara by the appellants on the passage leading to the house of the complainant's party. 7/10/1977 was the date fixed in those proceedings. The complaintant, Mool Chand, and some members of his party assembled at his house in village Chamarua, hamlet of Korna, police station Mursan district Aligarh forgoing to Court at Hathras to attend those proceedings At about 7.30 a.m. the appellants armed with guns, spears, pharasas and lathis assembled in front of the house of Mool Chand on the passage and threatened the complainant, Mool Chand, and the members of his party not to go to the Court for taking part in the proceedings. In order to deter them they abused Mool Chand, and his family members. Mool Chand and other members of his family were inside the house. In the meantime, Sri Gopal, brother of Mool Chand, came from out side and when he saw the accused persons in such a condition of absuing Mool Chand and other family members he objected to their behaviour. Thereupon, Munna, Ram Moorti and others began to assault Sri Gopal with spears and lathis and when Sri Gopal raised alarm and fell down on the ground Mool Chand, Ram Babu, brother of Mool Chand, Girish, cousin of Mool Chand, Lokman, father of Mool Chand and other members of his family came out of the house and tried to save Sri Gopal. They ware unarmed and were not prepared to face the appellants who were armed with deadly weapons. The appellants gave beatings to all these persons by spears, and pharas and the appellants who were armed with guns also asked their companions to give assault to Mool Chand and his party men. As a result of the acts of these appellants Mool Chand, Girish, Ram Dulari, Sri Gopal, Lokman and Ram Babu received injuries. The injuries of Mool Chand, Girishchand, Ram Dulari, Sri Gopal and Lokman were found simple in nature whereas Ram Babu received four injuries and injuries Nos. 1 and 3 which were on his head wore kept under observation and after about seven days he succumbed on account of his head injuries.

(3.) The incident in question was of 7-10-1977 and he died on 14-10-1977. The postmortem examination was conducted on the same day and according to the opinion of the doctor death took place due to brain injuries.