SUSHIL CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused appellant Sushil Chaubey against the judgement and order dated 20.1.1988 passed by Additional Sessions Judge, Ballia in Sessions Trial No. 106 of 1984 (State Versus Sushil Chaubey and Others), Police Station Rasra, District Ballia convicting and sentencing the accused appellant for the offence punishable under Section 304 Part-II IPC to undergo three years rigorous imprisonment and for the offence under Sections 323 read with 34 IPC to undergo six months rigorous imprisonment. It was directed by the trial Court that both the sentences shall run concurrently.

(2.) Prosecution story in nutshell is as under.

(3.) On 2.9.1983, a written report (Ex.Ka.-1) was moved by the informant Chandra Bhushan Chaubey (P.W.1) at police station concerned with the averments that appellant Sushil Chaubey and other co-accused Manoj Chaubey, Jai Prakadh Chaubey and Balram Chaubey, who are real brothers and are belonging to same pedigree, borne enmity with the informant. On 2.9.1983 at about 8:00 A.M. when the informant was taking soil from his wall for some domestic purpose, which was lying near his house, accused persons armed with lathi - danda came there and threatened him not to take soil. When the informant and his elder brother Shiv Ji Chaubey objected them, all the accused beat them with lathi and danda. One injury was caused by the accused Sushil Chaubey on the head of Shiv Ji Chaubey, who fell down and became unconscious. Informant also received several injuries. On hearing the noise, witnesses Ram Narain Chaubey, Triloki Nath Pandey and other villagers reached on the spot and saved them. After the incident, informant with the help of villagers took the injured Shiv Ji Chaubey to P.H.C., Rasra where from he was referred to the District Hospital, Ballia. Thus, after sending the injured to the District Hospital, Ballia, informant prepared the the written report and moved at police station concerned.