MAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. Man Singh, Ram Prakash Singh and Ram Asrey sons of Sheo Raj Singh have filed this revision against the order daied 1-6-1983 passed in Criminal Appeal No. 13 of 1983 IV Additional Ses sions Judge, Banda, whereby their appeal was dismissed and their conviction under Section 307/34 IPC and sentence to undergo RI for fouryears, and also to pay a fine of Rs. 500/- each under Section 307/34, IPC and conviction and sentence of one year RI. of Ram Asrey under Section 323 IPC passed by Asstt. Session, Judge, Banda in Sessions Trial No. 255 of 1980 was maintained.

(2.) BRIEF facts giving rise to the present revision are as under: The case against the accused-ap plicants under Section 307/323/34, IPC was committed to the court of Sessions for trial by the Judicial Magistrate vide his order dated 1 -8-80. The case against the accused is that they are real brothers and are Thakur by caste. Dhanpat, complainant also belongs to the same village and is Baniya by caste. The house of the applicants-accused is situated at a little distance from that of the complainant. On 1-11-1979, at about 8 AM, Dhanpat complainant made a report Ext. Ka 3 to the police station 4e the effect that about 20 days before that date, Chedi Lal had purchased an old house from one Sadhu Singh about which Thakur Man Singh had said that he would take forcible possession of that house; that a Panchayat was to be held about that dispute on that date. How ever, in the morning, Man Singh, Ram Prakash Singh and Ram Asrey, sons of Sheo Raj Singh started demolishing the said house withphawara. Chedi Lal told Dhan pat, complainant about this matter on which the complainant and Chedi Lal both asked the accused to desist from doing so. On this Man Singh, accused asked his brother, Ram Prakash Singh to bring his gun and kill them. Thereafter, Ram Prakash went inside the house and brought his gun and fired a shot at the complainant, The pellets of the gun shot hit the complainant on both of his thigiis and lower part of his body. Man Singh and Ram Asrey, started be labouring the complainant with Lathies. Chedi Lal ran towards Ram Prakash Singh and snatched his gun from him. But Ram Asrey, accused given Lathi blow to Chedi Lal on his head, but he (Chedi Lal) success fully ran away with his gun and same was kept with one Ram Avtar Thvari. Alarm raised by them attracted Bhola Singh Thakur of the same village and Chedi Lal son of Gaya Deen, who nished to the spot and witnessed the occurrence and inter,-vened. It was about 8. 30 A. M. when this occurrence took place. It is alleged that had Chedi Lal not snatched the gun from Ram Prakash Singh, they would have been done to death.

(3.) AS stated above, the case was com mitted to the court of Sessions and entrusted to the ASsistant Sessions Judge, Banda for trial.