SONPAL AND ORS. Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment dated 1.5.1982 passed by the then Additional Sessions Judge, Aligarh in S.T. No. 419 of 1980, State v/s. Sonpal and others arising out of Case Crime No. 269 of 1979, P.S. Iglas, District Aligarh whereby the accused Sonpal, Indrapal, Zalim and Surja were found guilty under Sec. 304 (I) read with Sec. 34 I.P.C. and 323 read with Sec. 34 I.P.C., and they were sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 250/ - under Sec. 304 (I) read with Sec. 34 I.P.C. and rigorous imprisonment for a period of six months under Sec. 323 read with Sec. 34 I.P.C. with default stipulation.

(2.) Appellants No. 2 and 3 died during the pendency of appeal, hence, the appeal as against them was abated.

(3.) Filtering out unnecessary details the brief facts as stated in the F.I.R. and the prosecution theory are that the deceased Neksa, uncle of Ramvir was sitting at his door. A dispute arose between the children. The informant Bishambhar and the deceased reached the spot and children were separated. Suddenly, the accused Sonpal, Indrapal, Zalim and Surja started attacking Neksa with Lathi, dandas and thought he had collapsed and fled away. When wife of Neksa came to the spot, she was also beaten. The occurrence took place at 6 p.m. in the night. The accused persons surrounded the pathway. There was no way to reach the police station. Hence, the report was lodged on the next day.