BADRI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order dated 26.2.1982 passed by the XII Additional Sessions Judge, Kanpur Mahanagar in Sessions Trial No. 123 of 1981 whereby the learned Judge convicted the appellants Badri Singh and Sultan Singh to imprisonment for life under Section 302 read with Section 149 IPC, two years RI under Section 148 IPC, seven years RI under Section 307 IPC, three years RI under Section 324 IPC, two years RI under Section 324 read with Section 149 IPC and one year RI under Section 323 read with Section 149 IPC. The learned Judge also convicted appellants Brij Bhushan alias Nasail and Satya Narain to imprisonment for life under Section 302 read with Section 147 IPC, five years RI under Section 307 read with Section 149 IPC, two years RI under Section 324 read with Section 149 IPC and one year RI under Section 323 read with Section 149 IPC, All the sentences were to run concurrently.

(2.) The case of the prosecution as mentioned in the FIR was that on 7.7.1978 at about 8.30 P.M., the informant Daya Ram was taking his meal in his house. His brother Ram Prakash and his father Raja Ram were lying near their door, where a lantern was burning. At that time his co-villagers Panda alias Sheo Nararin and his brother Laxmi Narain came running towards his house and entered it. They disclosed that persons from village Sahbasi had attacked. Thereafter Daya Ram came out of his house. He saw Badri Singh armed with spear, Sultan Singh armed with Pharsa, Gatai Singh, his son Brij Bhushan Singh alias Nasail, Satya Narain and three other persons armed with lathies present at his door. These persons started abusing him and asked him to produce Panda alias Sheo Narain from his house. When the informant Daya Ram, his father Raja Ram and brother Ram Prakash asked them to desist from abusing, then an exhortation was given by Gatai Singh to beat the informant and others who tried to act as great helpers Thereupon the accused persons launched an attack with the weapons wielded by them. On. the alarm, the mother of the informant Smt Durji and Kalloo's mother Smt. Sheo Rani, his co-villagers Baldoo and Tilloo also arrived there, and witnessed the incident. The assailants ran away after committing Marpeet. The informant and others also plied lathies in their self defence. Daya Ram's mother Smt. Durji, Kaloo's mother Smt She Rani, Daya Ram and his brother received injuries with lathies, spear and Pharsa. His father Raja Ram became unconscious as a result of the injuries received.

(3.) Thereafter the informant lodged an oral report at police station Maharajpur which was at a distance of nine miles on 8.7.1978 at 1.00 A.M. On the basis of the oral report, a case was registered against the appellants under Sections 147/148/324/308 IPC. After information was received that Raja Ram, who was being brought on a bullock cart along with the injured brother of Daya Ram, had died on the way, the case was converted to one under Section 304 IPC.