RAM LACHHAN AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the order dated 14-4-1973 of Sri R.P. Pandeya, Addi­tional Sessions Judge, Ballia, convicting appellants Ram Lachhan and Ram Chandra under Section 379 I.P.C. and Section 325/34 I.P.C. and sentencing each of them to six months' R.I. under the former and three years' R.I. under the latter. The appellants were also convicted under section 323/34 I.P.C., but no separate sentence was imposed. The sentences were directed to run con­currently.

(2.) THE appellants along with six others viz., Sheo Balak, Sitaram, Girja, Sheo Daras, Ram Daras and Sheo Mangal were tried for forming an unlawful assembly with the common object to commit murder of Sheo Mani and causing grievous hurt to Sheo Bachan (P. W. 1). The appellants and others were also charged under Section 147 and 302/149 I.P.C. but were acquitted. All the .accused and the complainants in this case belong to village Anjorpur, police station Narhi in the district of Ballia.

(3.) ON 2nd Feb., 1971, Sheo Bachan P.W. 1 who is the complainant in the case, along with his brother Sheo Mani de­ceased who was going to keep a watch over their field and at about 2 P.M. they reached their field. They found Ram Lachhan and Ram Chandra appellants uprooting crop of a portion of their field. Sheo Bachan (P. W. 1) and Sheo Mani arrested Ram Chandra and Ram Lachhan appellants for uprooting pea crop. The appellants tried to get them­selves released, but Sheo Bachan and Sheo Mani did not allow them to do so. The tussle between the two appellants on the one hand, and Sheo Bachan and Sheo Mani on the other, attracted the attention of Sheo Balak, Sitaram, Girja, Sheo Daras and Ram Daras as also Sheo Mangal, who came armed with lathis with avowed object of getting the appel­lants released. When the complainant and his brother did not allow the appel­lants to be released, the aforesaid six persons at the exhortation of Sheo Balak assaulted Sho Bachan (P. W. 1) and Sheo Mani deceased with their res­pective lathis and out of them Girja delivered a fatal blow on Sheo Mani deceased. The incident was seen by witnesses including Ram Nath (P. W. 2) and Muneshar (P. W. 3).