NANHAKOO Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 24-5-1980, passed by Shri N. S. Shamsheri the then VIth Addl. Sessions Judge, Varanasi in S. T. No. 233 of 1978, whereby he convicted accused-appellant Pyare of the offence under Section 304-II I.P.C. and sentenced him to undergo five years R. I. and convicted the remaining accused-appellants Nanhkoo, Shankar and Daroga of the offence under Section 323/34 I.P.C. and sentenced each one of them to undergo six months R. I. each.

(2.) The prosecution story was that on 1-4-77 at 8 a.m. the informant Dasu was grazing his cattle in the field of Chandrama which adjoins the field of Munshi, the deceased, in village Dhanariya Maufi police station Chakia, district Varanasi, that Chandrama, Vishwanath and Lachhman were also grazing their cattle in the same field, that Munshi (deceased) and his mother Smt. Bhagmani were harvesting wheat crop in their field, that a she-buffalo of Nanhkoo accused-appellant trespassed into the field of Munshi (deceased) and started grazing the crop standing therein and thereby began to cause damage to the same, that at this Munshi (deceased) asked Nanhkoo accused-appellant to take out the cattle (she-buffalo) from the field but Nanhkoo accused-appellant did not agree, that then Munshi (deceased) caught hold of the she buffalo and started towards the cattle pound along with it (the buffalo) to impound her, that upon this Nanhkoo accused-appellant started abusing Munshi (deceased) and exhorted Pyare accused-appellant to beat Munshi (deceased), that on this Pyare accused-appellant gave a Lathi blow to Munshi (deceased), which fell on the top of his head and Munshi fell down on the ground and became unconscious, that on the hue and cry of Smt. Bhagwani (mother of Munshi deceased), Dasu informant rushed to the rescue of Munshi deceased, whereupon accused-appellants Shanker and Daroga attacked him (Dasu informant) and beat him with Lathis and other witnesses Lachman, Markandey, Vishwanath, Suraj and Chandrama ran towards the assailants, whereupon the assailants ran away from the spot. The prosecution story was also that Dasu informant weilded Lathi in self-defence which did not cause any injury to the accused-appellants.

(3.) Dasu informant and the witnesses carried Munshi (deceased) (still alive) in his injured condition to Saidpur Bazar on way to Chakia on a cot and from Saidpur they boarded a bus for Chakia and after they got down from the bus started putting Munshi deceased (injured) on a rikshaw but Munshi deceased succumbed to his injuries. Dasu informant then got an F.I.R. (Ex. Ka. 1) scribed from Indradeo Pandey and lodged it at police station Chakia. Dasu informant himself was an injured in the occurrence. He was sent by the police to the Primary Health Centre, Chakia, District Varanasi where he was medically examined by Dr. G. S. Jaiswal (PW 6) the same day at 11.30 a.m.