BATTU SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prarabadh Jain and Sri Anurag Srivastava, holding brief of Sri Prakhar Srivastava, learned counsel for the appellants; Sri G.N. Kanaujiya, learned A.G.A.-Ist for the State and perused the judgment and trial court record.

(2.) The above noted criminal appeal has been preferred against the judgment and order dtd. 31/10/85/2/11/85 passed by Additional District & Sessions Judge, Moradabad, in Sessions Trial No.25 of 1985, convicting and sentencing the appellants to life imprisonment under sec. 302/149 I.P.C., to 1 year R.I. under Sec. 147 I.P.C. to 6 months. R.I. under Sec. 323/149 I.P.C. and further 6 months R.I. under Sec. 323/149 I.P.C., all the sentences to run concurrently.

(3.) The prosecution case is that the incident is alleged to have taken place at about 1:00 p.m. on 23/6/1984 on a public rasta in between the houses of the accused, Battu and the complainant, Savley (P. W.1) in village Devra Khas, P.S. Kurfatehgarh. A written report (Ext. Ka-1) was lodged by said Savley at 2.30 p.m. on 23/6/84 itself at P.S. Kurfatehgarh. It was alleged that Savley along with his brothers, Rakshpal and Soran, was returning from jungle after plaughing fields. Rakshpal followed by Soran were going ahead and Savley was behind them. Their own house was situated across the intervening rasta from the house of accused, Battu. The accused, Battu, accompanied by the accused, Satyapal, Meharban and Babu, was digging earth from the rasta land and collecting the same on the side of his own house. The co-accused, Deena, Brij Lal, Sheopali, Munshi Ji, Babu Ji, Kunwar Sen, Nanhey, Kishan Pal, Kishan Lal and Kaley were sitting there. These persons were armed with spear and lathi. As Rakshpal and Soran protested, all the 14 accused pounced upon them and started beating them with their respective spears and lathis. On the alarm raised by Rakshpal and Soran, Laley, Natthu, Ram Charan, Shivam Pal, Ram Gulam and Jarki came to the spot. The accused beat Laley as well. Savley also reached the spot but as these accused came upon him, he ran away and stood aside. After having administered beating these accused ran away towards jungle in the east. On reaching near Rakshpal, Savley found that Rakshpal had dead. He also found injuries on the person of Soran and Laley. Savley shifted the dead body of Rakshpal to the court-yard of his own house and then took the injured, Soran and Laley, to the police station and lodged the aforesaid F.I.R.