PRABHU DAYAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two connected criminal appeals arise out of the judgement and order dated 27-10-1980 in Sessions Trial No. 290 of 1978 passed by Sri C. L. Anand, I Addl. Sessions Judge, Muinpuri convicting appellants Prabhu Dayal, Chhotey Lal and Ram Kishan alias Lala Ram under Section 302 read with Section 34 I.P.C. and sentencing each of them to undergo R.I. for life.

(2.) A written first information report of the incident was submitted at the police station by Bachchan Lal, husband of the deceased Smt. Margshri. It was said in the F.I.R. dated 21-10-1988 that there was a proceeding under Section 145 Cr. P.C. in respect of Chak No. 534 situate in village Bhogaon in between Margshri deceased and Prabhu Dayal, and Jawahar, residents of village Nagla. Itwas said in the F.I.R. that the 145 Cr. P.C. case was decided in favour of deceased Margshri. On the date of the incident i.e. 21-10-1977 at 11.45 a.m. under the orders of the S.D.M. Bhogaon the police of Bhogaon police station went to the village to deliver possession of the land to Smt. Margshri. When they were returning police had come ahead and Margshri was following them from some distance. When she reached the out-skirts of Mohalla Mohabbatpur, Bhogaon near Jamuna Sati Marghat near mango tree of Girish, Prabhu Dayal s/o Chunni Ram, Kishan s/o Dambar and Chhotey Lal s/o Manohar Lal, residents of Bhogaon emerged out of the Bajra field and said how the police gives possession and the accused persons started assaulting her by sickles, Margshri, informant Bachchan Lal and witnesses Ram Lal, Mir Tafazzul Husain and Harnandan alias Chhotey raised alarm, The police officials also raised alarm and challenged and followed the accused persons but they could not be apprehended. Accused Chhotey Lal while escaping left his sickle at the place which the police took in possession. The Sub Inspector took the injured Margshri to the hospital. The incident had taken place at 11.45 a.m. and the written report was lodged at 12.45 p.m. the same day.

(3.) After framing of the charge the learned Sessions Judge recorded the statement of Dr. S. S. Agrawal PW-1. On 9-6-79 PW-2 Bachchan Lal was examined. It transpires from the statement of Bachchan Lal that another person; namely, Ram Kishan alias Lala Ram S/o Dambar Kachhi was also involved in the offence. The Sessions Judge found that the allegations against accused Prabhu Dayal, Chhotey Lal and Ram Kishan alias Lala Ram were almost the same. He exercising the powers u/S. 319 Cr. P.C. issued non-bailable warrant against Ram Kishan alias Lala Ram. The case proceeded after Ram Kishan was brought before the Court after warrant.