THAKUR DAS Vs. STATE

JUDGEMENT

(1.) THESE are three connected appeals--criminal appeal No. 699 of 1965 filed by Thakur Das and Gajraj. criminal appeal No. 700 of 1965 filed by Girja Shanker. Suraj Singh, Laxmi and Ratan and criminal appeal No. 702 of 1965 filed by Bulley All of them have been convicted under Section 302/ 149 I. P. C. for committing the murder of Mazboot Singh and Ram Sahai and under Section 307/149 I. P. C. for attempting to murder Lakhan Lal. Laxmi. Ratan and Gajraj appellants have been sentenced to life imprisonment under Section 302/149 I. P. C. , and Thakur Das, Girja Shanker, Suraj Singh and Bulley have been sentenced to death. Under Section 307/140 I. P. C. all the appellants have been sentenced to undergo ten years' rigorous imprisonment Girja Shanker and Bulley have been convicted under Section 148 I. P. C. and sentenced to undergo two years' rigorous imprisonment. Laxmi, Suraj Singh. Ratan, Thakur Das and Gajraj have been convicted under Section 147 I. P. C. and sentenced to undergo two years' rigorous imprisonment. The sentences of imprisonment were to run concurrently.

(2.) THE two persons killed were father and son, Mazboot Singh being the father of Rain Sahai. Lakhan Lal injured is another son of Mazboot Singh. Girja Shanker is said to have been armed with a spear and Bulley with a Gupti. The rest are said to have been armed with lathis. Girja Shanker, Suraj Singh, Laxmi and Ratan appellants are brothers, being the sons of Har Das. Thakur Das is the son of Dbani Ram, and Gajraj is the nephew of Thakur Das. These six appellants are all ahirs and belong to village Ranipur. The deceased and the injured also belonged to the same village. Bulley, the seventh appellant is a Brahman and a resident of village Birsinghpura.

(3.) BRIEFLY stated, the prosecution case was this. On 5th August 1964 at about mid-day Lakhan Lal was working in his Bandhia field of village Bhararu. district Jhansi, Mazboot Singh brought Lakhan Lal's Kalewa. Lakhan Lal said that he would take it after working for sometime more. Mazboot Singh then was resting under the Mahua tree. All of a sudden Girja Shanker. Bulley, Laxmi, Suraj Singh, Ratan. Thakur and Gajraj arrived there armed as mentioned above. Suraj Singh, Girja Shanker and Laxmi beat Lakhan Lal who started running towards the east and the others beat Mazboot Singh. Thereafter they dragged Lakhan Lal and Mazboot Singh under the Mahua tree and all the seven appellants beat them there also. Thinking that they were dead. Girja Shanker said 'let us see elsewhere' and all the seven appellants then went to Bisa field where Mazboot Singh's son Ram Sahai and his ploughman Dasain were ploughing the field. Smt. Kachneu Wali had brought meals for Ram Sahai and was sitting there. The assailanis started beating Ram Sahai and threatened Dasain and Smt. Kachneu Wali that they would also be beaten if they came near Ram Sahai. The seven appellants then dragged Ram Sahai and left him under the Raunja tree. Ram Sahai asked Dasain to inform the inmates of his house about the incident. Dasain reached home and informed his father and an information was sent to Ram Sahai's house through some lady At Bandhia field Mazboot Singh asked Lakhan Lal to bring water for him if he could do so. Lakhan Lal went towards the village but fell down under the Raunja tree at Kaitha Tila and could not go further. Badri Prasad, the third son of Mazboot Singh, had come with mid-day meals for Mazboot Singh and Lakhan Lal and had seen a part of the incident from a distance. He ran to his house and informed Head Constable Ram Bharose at police outpost (sic ). The head constable then came to the spot with a Tonga. Ram Sahai's mother had already reached there. Lakhan Lal told them about the incident of Bandhia field and asked them to go and look after Mazboot Singh under the Mahua tree. When they reached the Mahua tree they found Mazboot Singh lying dead. Smt. Kachneu Wali then came towards them, and when they reached Bisa field Ram Sahai told them about the incident. He was taken on the Tonga along with Lakhan Lal to their house and there also Ram Sahai told the village people about the incident and thereafter expired. Badri Prasad went to the police station Mauranipur, which is six miles away from the village, and lodged the first information report at 3. 05 p. m. the same day.