MANGALI AND ORS. Vs. STATE

JUDGEMENT

(1.) Appellants, namely, Mangli, Kishan Lal and Kunwar Sen call in question the legality of the judgement rendered by Vth Additional Sessions Judge, Bareilly in S.T. No.531 of 1981 whereby all the three accused persons faced trial for allegedly causing homicidal death of one Makrand (hereinafter referred to as 'deceased'). All the three accused persons faced trial for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short "I.P.C."). They were found guilty of the charged offence. The sentence of life imprisonment was imposed for the said offence. The appellants Mangli and Kishan Lal A-1 and A-2 respectively died during the pendency of appeal and the appeal was abated against them vide order dated 11.01.2013 of this Court.

(2.) The prosecution version as unfolded during trial is that the complainant Munshi Lal and his brothers Makrand, Prem Pal and father Dharm Das were cultivating opium since long for which they had license. The accused Mangli, Kishan Lal and Kunwar Sen belonged to same village who were engaged in smuggling of opium. They were all friends and asked the complainant and his family members to supply opium to them for smuggling it. But the complainant and his family members hated black marketing of opium. Moreover, they had no surplus opium thus they refused to supply opium to the accused. The accused thus used to bear enmity with them on this ground. Sohan, Son of Mangli was arrested by the police along with 2 kg of opium in December 1980 on the complaint of complainant Munshi Lal. Since then, their relations became more inimical. The accused persons challenged them that they will not let the informant and his family members live in their village. About 12 days before the occurrence, when the complainant Munshi Lal was returning to his village from Aonla, he was encircled by the three accused at about 6:30 p.m. near godown of Ram Sewak. The accused persons tried to drag Munshi lal towards field and started beating him. He was saved by Moti Lal and Bhojpal, who reached the spot on listening his outcry. Munshi Lal told about this incident to his father and brothers same evening on reaching his house. Thereafter his brother Makrand went to the house of Mangli to make a complaint of it where all the accused were present and an altercation took place between them. The accused threatened to kill him and his family members. On the date of occurrence, the complainant, his brother Makrand and Ahbaran had gone for irrigating their fields from tube well. The complainant and Ahbaran were watering their fields while his brother Makrand slept in nearby vacant field of Sukhe on a rajai. In the meantime, they heard outcry of his brother near about at midnight. They rushed towards Makrand and saw in the moon light as well as in the light of their torches, that the accused Kishan Lal with knife, Mangli with Tabal were present on the spot and inflicting stab wounds on Makrand with their knife and Tabal. The accused were talking to kill Makrand due to hindrances created by him in their smuggling operation of opium. Seeing them, the accused fled away towards jungle in the East. Fakeeri and Siyaram of their village also reached the spot and saw the incident. Makrand died on the spot due to injuries caused by the accused. The complainant left Ahbaran and Chowkidar on the spot and went to the police station along with Uncle Bhimsen and Pradhan Jai Lal.

(3.) The agricultural land of the informant was situated towards the west of the said field of Sukhe which was divided into three portions. The paddy crop was standing in the middle portion of the land which belonged to the informant Munshi lal. The tube well of the complainant was situated about 150 yards from his field towards southern side. At first, the accused Kishan Lal had inflicted injuries by knife blow to Makrand. Thereafter, the accused Mangli had given one or two blows of Tabal on Makrand. On being challenged, the accused persons fled towards the East. The rajai on which Makrand was lying became blood stained and lot of blood fell on the ground also. The village Chowkidar reached there after the occurrence. Ahbaran and Chowkidar were left near the body while the informant went to the village along with Siya Ram. The First Information Report Exhibit Ka-1 was dictated by informant which was scribed by Siya Ram. First Information Report was lodged at Police Station at about 2:30 a.m. According to the prosecution, the witness Siya Ram and Fakeeri were won over by the accused and they were not produced by the prosecution.