MAIKU Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and order dated 30.1.80, passed by Sri K. L. Sharma, the then IVth Addl. Sessions Judge, Allahabad, whereby each of the appellants Maiku, Jai Ram, Ram Surat. Chandrasi, Tillu, Bire and Banarasi have been convicted under Section 147, I.P.C. and sentenced to one year's R. I. They have further been convicted under Section 148, I.P.C. and sentenced to two years' R. I., each. They have also been convicted under Section 302, I.P.C. read with 149, I.P.C. and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further rigorous imprisonment for a term of 2 years. The appellants have also been convicted under Section 307, I.P.C. with Section 149, I.P.C. and sentenced to ten years' R. I. and a fine of Rs. 1,000, each. In default of payment of fine within a period of three months, the defaulter has been directed to undergo further R. I. for two years. However, sentences passed under different counts were directed to run concurrently in Sessions Trial No. 372 of 1977.

(2.) THE prosecution case as set out in the F.I.R. was that on 18.10.77 Bhai Lai, the Informant, and his son Indal had gone with bullocks to plough their field, which was situate in north of the village Deoghat, within police station Dhumanganj, district Allahabad. At about 12.00 noon after ploughing, they left the plough there and were returning home with bullocks yoked. At that time, Indal was leading and the informant was following him. As soon as they reached near the Golwa mango tree, the informant noticed the appellants and co-accused Baisakhu, Maan and Sri Ram playing cards. When Indal passed a little ahead of the accused, Maiku, Jai Ram, Ram Surat and Chandrasi, who were armed with country-made pistols, started firing shots on his back. He fell down on receiving injuries and then Tillu gave him pharsa blows. Bire was armed with spear and rest of the accused, namely, Banarasi Baisakhu, Maan, Sri Ram were holding lathis. All of them, with an intention to kill, assaulted the informant and his son Indal with their respective weapons. Indal succumbed to his injuries on the spot. THE informant Bhai Lal also sustained gunshot, spear, pharsa and Lathi injuries on his body. THE incident was witnessed by Nokhey Lal, Suresh and various other persons who attracted to the scene of occurrence on hearing the alarm raised by the informant. THE witnesses reprimanded the accused, who thereafter had run away towards north. THE accused had old enmity with the complainant and his son and due to that reason, they committed murder of Indal and caused injuries to the informant in furtherance of their common intention to kill him also. Bhai Lal got scribed F.I.R. from one Munshi Lai and leaving the dead body under the Golwa mango tree, went to police station Dhuman Ganj, where it was lodged at 1.30 p.m. on 18.10.77, the distance of police station from the place of occurrence being about 2 1/2 miles. Ram Sagar Yadav, S. O., In charge (P.W. 8) took up the investigation in his own hand. He recorded the statement of Bhai Lal at the police station itself and then reached the place of occurrence at 3.10 p.m. where the inquest report was prepared by S. I. Ram Narain Singh on his dictation. THE other relevant papers were also prepared. THE dead body was sent to mortuary for post-mortem examination through constables Yagya Narain and Mohd. Yasin. THE Investigating Officer recorded the statements of Nokhey Lal, Suresh and other witnesses on the spot, inspected the spot and prepared a site plan on the pointing out of the witnesses. He took blood stained and unstained earth in custody and also prepared recovery memos thereof. THE Investigating Officer recovered the playing cards, Chappals, two empty cartridges and tikli from the spot and prepared recovery memos. He tried to search out the accused persons but none was found out. Maiku, Bire, Baisakhu, Sri Ram, Chandrasi, Tillu, Jai Ram and Maan were arrested and interrogated on 22.10.77, while accused Banarasi and Ram Surat were arrested 3 days thereafter, i.e., 25.10.77. THE blood stained earth was sent for examination to the Chemical Examiner and Serologist.

(3.) THE accused denied the prosecution case and pleaded not guilty to the charges. THEy have stated that they were falsely implicated in the present crime and the witnesses have deposed against them due to enmity. Bire alias Mahavir, However, took the plea of alibi and stated that he was not present in the village on the day of occurrence. According to him, he had gone to Karma Bazar to sell his bullocks. Maiku stated in his statement recorded under Section 313, Cr. P.C. that he had appeared as a witness against Indal, Amrit, Mitthu and Bhai Lal in a case. THE complainant party was trafficking in manufacture and sale of illicit liquor in connivance with the local police. Both the deceased and injured sustained injuries on different parts of body. All the witnesses were inimical to them and they had falsely deposed against them and that he will submit his written defence. He further stated that the field which is said to have been ploughed by Bhai Lal was not vacant. A crop was standing in that plot at the relevant time. Ram Surat, Sri Ram and Jai Ram had teased Pudinwa, sister of Suresh and in that connection, a panchayat was convened in the village. Suresh and Nokhey Lal were doing business of selling vegetables at the time of incident and in that connection, they use to go to the city in the morning and return to the village about 3 or 4 p.m. On the fateful day, they also returned to the village at about 3 or 4.00 p.m.