CHINKOO AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforementioned appeal filed on behalf of the accused/appellants is directed against the judgment and orders dated 25th September, 1989 passed by Sri D.C. Srivastava, Sessions Judge Bahraich in Sessions Trial No. 247 of 1988 whereby the appellants have been convicted under Ss. 302/34 and 323/34 IPC and sentenced to undergo imprisonment for life and rigorous imprisonment of six months, respectively. However, co -accused Ram Nath was acquitted under Sec. 201 IPC.

(2.) The facts of the prosecution story, relevant for the present purpose, are as under.

(3.) That on 31st August, 1986 at 8.05 A.M. at police station Bhinga Smt. Koila resident of village Tadawa Bankatawa, Police Station Bhinga orally informed that on that day at the sun rise her husband Santram had gone along with lota to relieve himself in the field situated on the north side of village. When he was coming back Chintu, Bahau and Radhe, whose houses are at the northern side towards her main door and with them their litigation for the land was going on for a long time, surrounded her husband in the corridor and started to belabour him with lathi and kulahari. Her husband raised hue and cry, hearing that she had gone running there. Chandra Shekhar of village Baburaiyan and her co -villager Mahant and Nayyuan also reached there and saw that the accused persons had taken her husband in hung condition inside their courtyard and blows of kulhari were showered on his head. She reached the court yard and tried to save her husband but accused Radhey struck lathi blows on her and made her to leave the court yard. Thereafter all the three accused hung the dead body of her husband and proceeded towards Jungle. Chandra Shekhar, Mahant and Nayyuam admonished them. At that they threw dead body in the corridor and fled away. She found her husband dead. There were injuries on his head and leg inflicted by kulhari and danda. In the courtyard and nearby well there were blood stains, after chaukidar came she had come to the police station.