MOTI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal dire cted against an order dated 24th January, 1964, passed by the learned Additional Sessions Judge, Budaun, convicting all the five appel lants, namely, Moti, Shiami. Madan Lal, Mohar Singh and Dambar under Ss. 148, 302/149, 324/149 I. P. C. and sentencing each of them to imprisonment for life under Sec. 302/149 I. P. C. , two years' rigorous imprisonment under Section 324/149 and one year's rigorous imprison ment under Section 148 I. P. C. all the sentences to run concurrently.

(2.) ALL the five appellants and also the members of the complainant's party are the descendants of one common ancestor namely, Jhandey. Het Ram, Hulli and Mewi were the sons of Jhandey. Moti, Shiami and Madan Lal are the descendants of Het Ram, while, Mohar Singh and Dambar (appellants) are the grandsons of Hulli. The person who lost his life was Harkeshi, a son of Mewi, while those injured in the incident were Khem Karan, Pitam and Kundan sons of Mewi. and Sm. Nanhi, wife of Khem Raran.

(3.) THE prosecution case, briefly stated, is that the relations between the descendants of Mewi on the one hand and those of Het Ram and Hulli on the other had become strained because in the month of Kunwar 1962 one Sm. Sudama, wife of Fattu, a grand-son of Het Ram, had been seduced by Nandram, son of Harkeshi. She, however returned to her husband the very next day. On 24-6-1963 sometime in the morning Mansukh, son of Rundan, and Mathura, son of Pitam were grazing their buffaloes in the fields when Shiami appellant had slapped Mathura and given a lathi blow to Mansukh. That did not satisfy Shiami appellant, and he rushed back to his house to give his own version of the incident to the members of his family who in their turn became infuriated and they, in the company of Komil, Jisukh, Raghubir Nihali. Chu-nni and Ramnath, having armed themselves with kantas, gandasas, spears and lathis rushed towards the chaupal of Harkeshi and caused injuries to Khem Raran, Harkeshi. Sm. Nannhi, Pitam and Rundan. When they made that attack, they kept on shouting: "today we would take revenge for abducting a woman and for beating our boy; we would kill them". Jisukh (since acquitted) caught hold of Khem Karan (complainant) by his waist and made an attempt to throw him down on the ground. In the meantime Komil (since acquitted ). Madan Lal and Mohar Singh caused injuries to him with Rantas and Nihali (since acquitted) with a lathi. Harkeshi was also attacked and injured by Moti and Shiami with Rantas and by Dambar appellant with a spear. On hearing the cries raised by the two victims Sm. Nannhi, wife of Khem Raran, and Rundan and Pitam, brothers of the injured, also rushed towards the place of occurrence. Moti appeallant caused injuries to Sm. Narihbi with a Kanta, while Madan Lal who also armed with a Kanta caused injuries to Pitam. Ramnath (since acquitted) is said to have caused injuries with his lathi to Rundan. Khem Karan tried to protect himself by wielding his lathi in self-defence and in that process caused some injuries to Moti, Shiami and Madan Lal.