RAGHUBIR SINGH Vs. STATE

JUDGEMENT

(1.) V. D. Chaturvedi, J. This criminal appeal is directed against the judgment and order dated 6-2-1982 passed by Sri J. M. Srivastava, the then Special Judge, Lalitpur in Sessions Trial No. 46 of 1979 whereby he convicted the appellants Raghubir Singh, Jagdish, Ram Dayal, Lakhan Singh, Sunderbhan, Pragi Lal, Mohan, Jasua and Imrat under Sections 147,302/149,452 and 325/149 I. P. C. sentencing them to one year R. I. , life imprisonment, 3 years R. I. and 2 years R. I. respectively and convicted the appellants Hardas, Horal Singh, Deo Singh and Kashi alias Kasia under Sections 148,302/149, 452 and 325/149 I. P. C. sentencing them to 2 years R. I. , life imprisonment, three years R. I. and 2 years R. I. respectively. All the appellants were also fined to pay Rs. 100 for offence under Section 452 I. P. C. and Rs. 100 for offence under Section 325 I. P. C.

(2.) THE prosecution case as emerged from the F. I. R. (Ex. Ka-6) lodged by Sultan Singh son of Madhav Singh of village Kheradag, P. S. Bar, District Lalitpur at the police station Bar on 26-6-1978 at 20. 30 hours was that on the date of F. I. R. at about 11 a. m. appellants Raghubir Singh, Jagdish, Deo Singh, Lakhan, Horal, Hardas, Ram Dayal, Sundar Bhan, Pragi Lal, Mohan, Kashi, Jasua and Imrat armed with lathis, knives and guns entered the house of the complainant; that accused Raghubir picked up a Pati of a cot (bed post) and inflicted its blow on the head of Moti Singh (complainant's son) who consequently fell down; that accused Hardas firstly by his stick and thereafter by an axe (which was lying there) inflicted blows upon Moti Singh; that Horal inflicted knife blows and remaining accused inflicted Lathi blows on Moti Singh; that he (complainant) asked them not to thrash Moti Singh but in vain; that complainant's son Raja Saheb reached to rescue Moti Singh but they thrashed Raja Saheb also, hence he (Raja Saheb) fled away to save his life. He (complainant) raised hue and cry whereupon witnesses Laxman Singh, Savant Singh and Pyare Raja reached there; that thereafter the accused persons picked up Moti Singh and took him towards Sunpura; that witnesses followed them and brought Moti Singh back from Sunpura and kept him inside the house where he died after a short while. Explaining the delay, the complainant gave two reasons, firstly that he misconceived that Raja Saheb had gone to lodge the report and secondly that accused persons had besieged his village all around. Regarding the motive, he stated in the F. I. R. that one Mithila (daughter of the accused Hardas) had eloped few days back but accused persons suspected that Moti Singh had contributed in her elopement and that a litigation with accused Raghubir Singh and others was pending. Because of such background, they attacked upon his house with the intention to commit the murder of Moti Singh, Raja Saheb and his entire family.

(3.) THE Doctor opined that duration of death was about 48 hours and the cause of death was coma as a result of head injury.