RISHI GIRI Vs. STATE

JUDGEMENT

(1.) THE present six appellants stood charged for offences under Sections 148 and 302/149,I.P.C. and were tried in S. T. No. 411 of 1983 by the 1st Addl. Sessions Judge, Meerut. THEy were found guilty of the offences charged and each was convicted and sentenced R.I. for 18 months under Section 148, I.P.C. and to Life Imprisonment under Section 302/149, I.P.C. THE sentences were directed to run concurrently. THE order of conviction and sentences were recorded on 30.6.1984 against which the present appeal has been filed. All the six appellants were directed to be released on ball.

(2.) THE prosecution was launched on the basis of an F.I.R. lodged by one Mamchand Gir at the police station Jani, district Meerut on 12.7.1983 at about 11 a.m. It was alleged in the F.I.R. that on that date at about 9.30 a.m., the complainant, his son Subhash and daughter Sunita were engaged in harvesting Lobia in their field when Rishi Gir, Satyapal Gir, Kailash Gir, Mamchand Gir, Bijendra Gir and Virendra Gir came to the spot by the side of the well of the complainant. One Nathu Gir was sitting under the shade of a tree near the well and Chhidda Gir son of Nathu Gir was picking sugarcane in a nearby land. When the complainant, his son and daughter came near the well after the harvest, the aforesaid Rishi Gir and others all of a sudden attacked Subhash son of the complainant. Rishi had a kripan in his hand, Satyapal a knife, Kailash and Mamchand ballams (spears) while Bijendra and Virendra also held knives. Subhash fled towards the maize field of Smt. Shiv Kaur. He was chased by the accused persons, caught and surrounded by them and was assaulted by knives sword and spears on his neck, head and back. THE injuries were piercing ones (the term 'GOND DIYA' in Hindi has been used in the F.I.R.). On alarm being raised by Manohar and his daughter, Jaipal came to the spot. THEy all tried to save Subhash but he breathed his last at the spot itself, the assailants ran away towards the canal. It was indicated in the F.I.R. that a few days prior to the present incident, one Summar Gir's son Mangu had died in a mutual quarrel with Manohar and others. THE accused persons belonged to the clan of Summar and only on that grudge and to have avenged that killing, the accused persons had killed Subhash. THE dead-body lay in the maize field of Smt. Shiv Kaur. THE F.I.R. was scribed by Chhidda Gir son of Nathu Gir.

(3.) AMONGST the witnesses, Manohar and Kunita are witnesses to the incident. P.W. 3, Chand, was a police constable who proved the chick report made on the basis of the F.I.R. P.W. 4, Rajbal Singh, again was a constable who had carried the dead body to the hospital for post-mortem examination. P.W. 5, Om Prakash, was also a police official posted as Head Moharrir at the police station Jani. He received the clothings of the deceased from constable Rajbal. P.W. 6 was a constable (No. 381), Virendra Kumar. He had forwarded an application of Manohar Gir to the police station Jani after obtaining due orders from the Superintendent of Police. P.W. 7 was constable Sohan Lal. He spoke of receipt of another application from Manohar Gir on 15.7.1983. P.W. 8, Dr. S. K. Jain, had held the post-mortem examination on the dead body of Subhash and he had proved the ante-mortem injuries that he had found and he gave his opinion as to cause of the death. The last witness, P.W. 9 was Rakesh Kumar Mittal, the officer in-charge of police station Jani. He had investigated into the case.