NANDEY AND ANOTHER Vs. STATE

JUDGEMENT

(1.) These are two connected appeals, the one by Nanday and Sohanpal and the other by Vijai arising out of the same trial. All the three have been convicted under Section 379 IPC and each given eighteen months' rigorous imprisonment. Nandey and Sohanpal have further been convicted Under Section 302, IPG read with S. 34, IPG (although the learned Sessions Judge inadvertently failed to mention S. 34 in the operative portion of the judgment) and each sentenced to life imprisonment under that section.

(2.) The charge against them as amended by the learned sessions Judge was that on the night between the 22nd and 23rd of October, 1953, at about midnight they committed theft of Bajra crop of Badeo Prasad and Itwari by cutting the same from their field in village arra(sic) and at the same time and place in furtherance of the common intention of all they committed the murder of Baldeo Prasad by intentionally causing his death. The accused persons pleaded not guilty to the charge and they contended that they had been falsely implicated by the complainant and by the prosecution witnesses on account of enmity. It appears that in this village the accused persons who are Ahirs by caste have been troubling the Jatavs who are the complainants and who reside in the same village, by committing the theft of their crop and by causing damage to the same.

(3.) On 24-9-1952, that is about thirteen months before the present occurrence a complaint was lodged by Itwari PW 3 against Nandey Appellant and certain others before the panchayati adalat under Ss. 379 & 323, IPG. Ext. P13 is a copy of that complaint, wherein it was alleged that the accused of that case committed the theft of certain crop standing over the field of Itwari and they beat him when they were reprimanded for that act. The complaint resulted in a conviction of these persons by a judgment Ext. P14 given by the members of the panchayati adalat on 20-11-1952, of which Baldeo deceased happened to be a Panch.