BADRI Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dated 25-8-1988 passed by Special/AddI. Sessions Judge, Rai Bareli convicting the appellants u/Section 307/34, I.P.C. and sentencing each of them to three years R.I. Initially ten persons were prosecuted but the learned Sessions Judge convicted four of the accused persons u/Section 307/34, I.P.C. and acquitted the remaining six accused persons.

(2.) The prosecution case in brief is that on 14-5-1979 at about 7.30 a.m. accused Kedar alongwith other accused-appellants was cutting Jungle Jalebi tree alleged to be lying in the Ahata of the complainant Ram Ji. It is said that the complainant on receiving this information, rushed to the place of the incident and tried to stop the cutting of the said tree. It also informed the accused persons that as the litigation is going on. Therefore, the tree be not cut till the decision of the case. It is further said that the accused persons continued to cut the said tree and in the meantime. P.W.2 Ram Das, the father of the complainant also reached there and tried to snatch the axe from the hands of one Kedar. It is also alleged that in the meantime the wives of Badri, Jamuna, Kedar and Chhotai, as well as the daughter of Badri (accused) armed lathis-Dandas arrived there and they exhorted the remaining accused persons to kill Ram Das. It is the case of the prosecution that on the instigation of these ladies, the accused persons started assaulting Ram Das by lathis Dandas, as a result of which he had fallen on the ground and the complainant who was also assaulted tried to run away and reached at the door of his house. It is further stated that the accused persons also chased the complainant and entered into his house and accused Kedar assaulted the mother of the complainant with his axe. It is further said that Ram Das was brought to his house on the cot. It is further said that the accused persons again came there and accused Kedar and Jamuna again assaulted Ram Das. It is said that as the condition of Ram Das was serious therefore, he was brought to PHC Singhpur but at Singhpur PHC, the complainant was advised to shift Ram Das to District Hospital Rai Bareli for proper treatment and there P.W. 1 Ram Ji got a written report Ext. Ka-1 scribed by Shiv Kumar (P. W. 7) and handed over the same to the S.P., Rae Bareli on that very date (14-5-1979) at 10. 10 P.M. The S.P., Rae Bareli had endorsed the F.I.R. (Ext. Ka-l) to Inspector Kotwali for registration of a case on its basis. The case was registered and thereafter the same was transferred to P.S. Shivratanganj on 18-5-1979. P.W. 6 S.I. Basdeo Rai conducted the investigation in this case am he recorded the statements of the witnesses in the village and thereafter, prepared a site plan Ext. Ka-8. After completing the investigation, the Investigating Officer submitted the chargesheet against all the ten accused persons. The injured persons namely. Ram Das (P.W. 2). Smt. Indra Kumar and Ram Ji (P.W.1) were medically examined on 14-5-1979 at about 10 a.m., 11.50 a.m. and 12.10 p.m. by Doctor O.P. Srivastava, the then Medical Officer in charge, PHC Singhpur, Rai Bareli. The doctor found the following injuries on the body of the injured persons: Injuries of Ram Das (P.W.2)

(3.) On the other hand the accused persons denied the prosecution case and some of them stated that in fact the Jungle Jalebi tree belonged to the accused persons and the same was standing on the land of the accused persons. It is said that the complainant's party was cutting the Jungle Jalebi tree, and on protest, the complainants party assaulted the accused persons and then they tried to wield their lathis in their self defence, Accused Kedar denied the prosecution case and stated that he tried to stop the cutting of Jungle Jalebi tree by the complainant's party bud hey assaulted the accused persons. He denied the presence of the ladies at the time of the incident. Appellant Badri stated that he was assaulted by P.W.1 Ram Ji and P.W.2 Ram Das. Appellant Triveni denied the prosecution case and stated that the Jungle Jalebi tree was being cut by Ram Ji and Ram Das. Appellant Jamuna also stated that the tree was cut by Ram Ji and Rani Das and he asked them to stop the cutting of the said tree put the complainant's party assaulted the accused persons. Appellant Chhotai also stated that the tree was being cut by the complainants party and the complainant's party assaulted the accused persons.