KASHMIRA Vs. STATE

JUDGEMENT

(1.) The appellants namely Kashmira, Lakshmi Chand, Shiv Kumar and Shiv Dutt have assailed the judgment and order dated 26.11.1982 passed by 2nd Addl. Sessions Judge, Muzaffarnagar in Sessions Trial No. 133 of 1980 (State Vs. Kashmira and others) arising out of Crime No. 138 of 1980, Police Station Budhana, District Muzaffarnagar, whereby all the appellants have been convicted under Sections 323/34, 324/34, 307/34 and 302/34 Penal Code and sentenced each of them to 1 year rigorous imprisonment, 2 years rigorous imprisonment, 8 years rigorous imprisonment and imprisonment for life respectively. All the sentences were directed to run concurrently.

(2.) The appellant Kashmira has died, therefore, his appeal stands abated vide order dated 22.5.2012 passed by coordinate bench of this court. Similarly, appellant no. 4 Shiv Dutt was adjudged juvenile pursuant to the enquiry report dated 19.2.2015 passed by District Court, Muzaffarnagar. This court is now concerned with the appeals of appellant no. 2 Lakshmi Chand, appellant no. 3 Shiv Kumar and appellant no. 4 Shiv Dutt (juvenile).

(3.) Prosecution story in brief is that on 15.4.1980 at about 10.30-10.45 a.m., late accused Kashmira was taking his bullocks back to his compound (Gher) after providing drinking water to them from village pond. Suddenly two bullocks of accused Kashmira entered the compound of informant Banarasi (P.W.-1) and started eating the green 'Barseem' fodder lying near his fodder machine. Informant Banarasi, his wife Ram Katori and his son deceased Prem Pal were sitting inside the compound. Deceased Prem Pal drove away the bullocks of accused Kashmira after prodding them with lathi. This enraged Kashmira, who started abusing Prem Pal. Informant Banarasi and his son deceased Prem Pal asked Kashmira to refrain from abusing them and also asked him to control his bullocks properly. Kashmira left the place fuming. He threatened to teach them a lesson and went to his compound. After some time Late Kashmira armed with Lathi, his sons Lakshmi Chand armed with iron rod, Shiv Kumar and Shiv Dutt armed with knives arrived at the residence of informant Banarasi (P.W-1) and started abusing them again. This commotion brought Omveer (P.W-2), injured Rajendra, witness Mantoori (P.W-3), Mitrapal and Jugal Singh etc. to place of occurrence. All of them tried to reason with accused persons but of no avail. They started and then kept on beating deceased Prem Pal and when Rajendra and Omveer tried to rescue him, they were also assaulted by the assailants. Banarasi, the informant (P.W.-1), his wife (mother of deceased) Omveer (P.W.) and Rajendra challenged the assailants, whereupon all the assailants fled towards their own house.