SHYAM LAL Vs. STATE

JUDGEMENT

(1.) NINE persons descending from a common ancestor and residents of village Kanhaipurwa, the hamlet of Udra Pachlai, police Circle Raghauli (district Hardoi) have directed this appeal against their convictions and sentences Under Sections 147, 148, 323,324 and 302 read with Section 149, Penal Code upon the charge that on 24th December 1971, at about 11 P. M. , in that hamlet, they were the members of an unlawful assembly and in prosecution of the common object of the assembly they committed the murder of Bharat, Gobardhan and Sukha and caused simple hurt to Chandrika, Sri Ram and Puttu, the weapons used being gun, pistol, spear, kanta and lathis ; they have been sentenced each to a term of life imprisonment Under Section 302, read with Section 149, Penal Code and to various terms of imprisonment under other counts which are to run concurrently.

(2.) THERE were six brothers Buddhi, Kindar, Lahauri, Sheo Dayal, Baldeo and Pohkar. Buddhi had two sous Bhulai and Lachman who were murdered in 1951, Shyam Lal, one of the accused being the son of the latter, Ram Charan is the son of Kindar and his two sons are Laiku and Balai. Subedar is the son of Lahauri and Lochan is the son of Sheo Dayal. Baldeo has a son Dullam whose son is Jai Cand, one of the accused ; his another son Sardar was murdered in 1937. Pohkar's two sons are Govind and Chhotey Lal. Sukha deceased was the son of Thakuri who was murdered in 1938 ; Gobardhan and Bharat deceased as also Sri Ram (P. W. 6) and Chandrika (P. W. 5) and Balwant (P. W. 1) are the sons of his brother, Pooran. Puttu (P. W. 2) is the son of another brother Janki who was murdered in 1938. Between the two families the relations were estranged. In the year 1937 Sardar was murdered in which Thakuri and Sukha were the accused. Thakuri was acquitted ; Sukha had to undergo imprisonment. A year later Thakuri and Janki were done to death in which several persons including the present accused Govind, Ram Gharan and Jai Chand had stood trial. Lachman, father of Shyam Lal, was a coaccused. In the year 1951 Lachman and Bhulai sons of Buddhi were done to death, In that murder case the three deceased, Gobardhan, Bharat and Sukha were accused along with Balwaut and 7 or 8 others. They were convicted and sentenced to six years' R. I. The murders had left an explosive irritant to embitter the relations between the two families and a day before the occurrence when Shyam Lal accused was grazing his cattle in the field of Balwant and Balwant remonstrated, Shyam Lal threatened him to revenge. Shyam Lal went away. In the fateful night at about 11 P. M. Chandrika, Gobardhan and Bharat were sleeping under the chapper in front of the chaupal when the appellants accompanied by an unknown person entered the chapper. Balwant (P. W. 1) was sleeping in his chaupal which opens in the chapper. A lantern was burning in the chapper. Shyam Lal was armed with a gun ; Jai Chand, Chhotey Lal and Govind were armed with pistols ; Subedar and Balai were armed with ballams ; Lochan, Laiku and Ram Charan were armed with lathis and the unknown man was armed with a kanta. They challenged those sleeping in the chapper and started causing injuries to Gobardhan and Bharat, lying on separate cots in the chhapper. They stood up and raised an alarm which attracted Sukha deceased whose house is 22 paces from the chabutra adjoining the chapper towards the north-east. Sri Ram (P. W. 6), Chandrika (P. W. 5) and Puttu (P. W. 2), whose house, were within a distance of 40 paces from the chabutra, and Balwant (P. W. 1), who was sleeping in the chaupal, rushed to the scene of occurrence. The shouts also attracted a number of other persons, they being Madho, Jagdish, Ramesh war and Ram Kishan (P. W. 7 ). In the light shed by the moon and in the illumination of the lantern and the torches, which two of the witnesses carried, the aforesaid persons saw the occurrence. Gobardhan and Bharat died in the chaupal and when Sri Ram, Chandrika and Puttu came to the place, they also received injuries. Sukha had come to the chabutra near the chaupal, but he was chased to his house by the assailants where deadly blows were inflicted upon him. in his barotha. Balwant (P. W. 1), however, escaped unhurt. After entrusting the dead bodies to the village chaukidar, Balwant went to the police station, 11 miles away where he dictated the report of the occurrence at 11. 15 A, M. , on the following day.

(3.) IN this report he gave the background of the incident and the manner in which the crime was executed until the time the assailants escaped away. It sets out the names of those who were armed with firearms, those who were armed with lathis, those who used the spears and also the name of Vikram as one who was armed with a kanta. The time of the occurrence was disclosed as being 11 P. M. by when the moon was sheding its light.