LAWS(ALL)-1996-7-94

GANGA SINGH Vs. STATE OF UTTAR PRADESH

Decided On July 30, 1996
GANGA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 11-4-1980 passed by Sri B.N.Mohiley the then Additional District Sessions Judge, Moradabad, convicting the accused appellants under Secs. 147, 452, 304/149, 323/149 IPC and sentencing them to undergo R.I.for a period one year, 3 years, 5 years and one month each under the said counts.

(2.) The prosecution story briefly stated is as follows : Accused appellants Ganga Singh, Toti Singh Sipattar Singh are real brothers. Similarly Babu and Yusuf are real brothers. Accused Ganga Singh is Thakur by caste. Accused appellants Babu, Yusuf and Wazahad Hussain are said to be the close associates of Ganga Singh. Complainant Nanhey P.W.1 is barber by caste. Accused appellants and complainant Nanhey are all resident of village Majhawali P.S.Chandausi, District Moradabad.

(3.) On 18-9-1978 in the early morning at about 6 a.m. the accused appellant Ganga Singh came to the house of complainant Nanhey and asked him to come to his house for cutting hairs. The complainant said that he had some work of his own and that he would come after two hours. The accused appellant Ganga Singh felt annoyed. He along with his brothers and associates, namely, Toti Singh, Sipattar, Babu, Yusuf and Wazahat Hussain formed an unlawful assembly and raided the house of the complainant. The accused appellants entered into the house of the complainant. There they assaulted the complainant and his mother by means of brick-bats. The complainant received injuries. His mother succumbed to her injuries caused by the accused appellants. The first information report Ex. Ka-3 of this occurrence was lodged by the complainant Nanhey at P.S.Chandausi on 18-9-1978 at 1.20 P.M., that is after about 6 1/2 hours of the occurrence, the police station being situate at a distance of 3 miles from the scene of occurrence.