LOTU Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a crimi ­nal appeal filed on behalf of the accused appellants from judgment and order dated 29th of January, 2002 passed by Additional Sessions Judge Court No. 8 Gorakhpur in Sessions Trial No. 101 of 1997, State v. Lotu and others, convicting accused Lotu under section 302 IPC and section 323 read with section 34 IPC and Gulabi Devi and Deena Nath under section 302 read with section 34 IPC and section 323 IPC and sentencing each of them to imprisonment for life and rigorous imprisonment for three months and a fine of Rs. 1000.00 thereunder mak ­ing both the substantive sentences to run concurrently.

(2.) BRIEF facts giving rise to this ap ­peal are that Sant Ram and his pattidar Lotu had their cottages situate adjacently. A panchayat was held in the village and it was decided in that Panchayat that each of them shall have his cottage leaving the place equivalent to one arm for tethering their cattle and both of them kept their respective cottages accordingly. At about 12:00 noon on 13th of June, 1996 Lotu and his wife Gulabi Devi alongwith their son Deena Nath were extending their cottage over the vacant place left by them,and Ramawati, wife of Sant Ram took exception thereto. Thereon they started hurling abuses to her and Deena Nath beat her with fists and kicks and also gave danda blows to her. On the shrieks of Ramawati Sant Ram and his father Pyarey rushed for her rescue. Then Lotu taking pharsa and Deena Nath and Gulabi Devi taking lathi and danda assaulted them. Gulabi Devi and Deena Nath gave lathi and danda blows to Ramawati and Sant Ram and Lotu gave pharsa blows to Pyarey thereby causing them injuries and ran away. The said incident was witnessed by one Mangru and Kuber and several other co -villagers. Immediately Sant Ram with the help of some of the co -villagers taking his injured father Pyarey on a cot and injured mother Ramawati went to Primary Health Centre Kampier Ganj where injured Sant Ram and Ramawati were got medically examined by Dr. Wahidul Haq, medical officer in -charge. Since the condition of injured Pyarey was serious he was advised for being taken to the District Hospital Gorakhpur.

(3.) THEN Sant Ram went to police sta ­tion Kampier Ganj and handed over writ ­ten report of the occurrence to the police at 8:30 p.m. the same evening. The police registered a crime against the accused un ­der sections 323, 324, 504 and 506 IPC accordingly and started the investigation.