MEETA HARIJAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment and order, dated 18-1-1980, of sentence passed by Sri J. B. Singh III Additional Sessions Judge, Mirzapur, in S. T. No. 86/79, the appellants have preferred this appeal. The said judgment was pronounced on 18-1-80.

(2.) Accused appellants Meeta Harijan and accused Dukharan Harijan has been charged under Section 302, IPC, while other accused persons have been charged under Section 302, I.P.C. read with Section 34, I.P.C. for committing the murder of Parsadhu son of Ramdas at about 1.30 a.m. on the night between 15th and 16th of March, 1978 near his northern verandah at village Ban Imilia, P. S. Aharaura, District Mirzapur.

(3.) The prosecution case is that: accused persons developed enmity with the deceased. Accused Meeta Harijan and accused Neeta Harijan are the two real brothers and they are the residents of village Ban Imilia, while Prabhoo Harijan is the Pradhan of the said village and accused Dukharan Harijan is a resident of the same village and is a member of their community. Deceased Parsaddhu is a tenure holder over the plot No. 16-M area 11-0-0 of village Ban Imilia. A substantial portion of the said big plot No. 16 was under the management of the Gaon Sabha, Ban Imilia. Accused Parbhoo Harijan being the Pradhan of the Gaon Sabha had let out a portion of the said land near the land of Parsadhu to accused Meeta Harijan. Subsequently, accused Meeta Harijan in collusion with the Lekhpal and Kanoongo had managed to put his claim over a portion of the land held by the deceased Parsadhu during survey and measurement. Since deceased Parsaddhu had resisted the said claim and he remained in possession also, an enmity, started and continued in between them. Two days before the occurrence, accused Meeta Harijan, Jeeta Harijan and Dukharan Harijan had come at the house of deceased Parsaddhu at about 6.00 p.m. and out of them accused Meeta Harijan had threatened him and went to the extent of telling that the disputed land was demanding blood. On the night between 15th and 16th of March, 1978, deceased Parsaddhu was sleeping inside the southern verandah of his western house while his sons, P.W. 2 Mansaram and P.W. 6 Bans Narain and his sister's son P.W. 2 Murahu were sleeping inside the northern verandah of the adjacent eastern house. P.W. 5 Jawahir, a nephew of the deceased, was sleeping inside his separate house which lies in the north of the western house of the deceased. A lane measuring 3-1 cubits in the width lies between the eastern and western houses having doors towards the same. At about 11.30 a.m. on the said night, barking of dogs had disturbed the sleep of the deceased Parsaddhu. P.W. 2 Mansaram, P.W. 5 Jawahir, P.W. 6 Bans Narain and P.W. 7 Murahu. Immediately, Parsaddhu came out of his verandah and proceeded towards north through the said lane. In the meantime P.W. 2 Mansaram and P.W. 5 Jawahir started flashing their torches and P.W. 6 Bansh Narain and P.W. 7 Murahu too came out and they had witnessed all the accused persons. Since before that Prasaddhu had already inquired about their identity and all the accused persons went near him. Out of them accused Meeta Harijan gave one lathi blow over his forehead while accused Dukharan Harijan fired one shot from his pistol at his right abdomen. Consequently, Parsaddhu fell down and immediately accused Jeeta Harijan and accused Parbhoo Harijan altered for running away. Thereafter, all the accused persons were unsuccessfully chased by P. W. 2 Mansaram, P. W. 5 Jawahir, P. W. 6 Bans Narain and P. W. 7 Murahu and the said unsuccessful chase was subsequently joined by P. W. 3 Surahu and P. W. 4 Ramjag. After half an hour Parsaddhu succumbed to the injuries. Ext. 2, the written report of the incident, was lodged with the police of Aharaura at 9.45 a.m. by P. W. 2 Mansaram, a son of the deceased. Accordingly, the police had registered case crime No. 59/78 for the offence under S. 302, I. P. C. against all the accused persons. The investigation was immediately undertaken and started by P. W. 8 Madan Mohan Pathak, the then Station Officer, Aharaura. The special report about this crime was dispatched at 10 a.m. through Doodh Nath a constable No. 11 C. P. P. W. 9 Madan Mohan Pathak came to the place of occurrence and he conducted the inquest between 1.30 p.m. and 3.00 p.m. on the same day. Thereafter, the autopsy of the deceased was conducted by P. W. 1 Dr. P. L. Pandey, Medical Officer, Primary Health Centre, Chunar, Mirzapur at 10.00 a.m. on 17-3-78. After concluding the investigation, P. W. 8 Madan Mohan Pathak submitted the charge-sheet Ext. Ka-22 against the all accused persons for the offence under S. 302, I. P. C. on 12-5-78. Thereafter the case committed to the court of Sessions by Sri Imtiazuddin the C. J. M., Mirzapur by his order dated 11-4-79.