JAUHARIYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of convication dated 7-7-1980 passed by Sri J.P. Sharma the then II Addl. Sessions Judge, Banda in Session Trial No. 13 of 1980 convicting the accused-appellants named above sentencing them to undergo life imprisonment under Section 302,/149, I.P.C. and 5 years R.I. under Section 307/149, I.P.C. and one year R.I. under Section 147, I.P.C. each. All the sentences were made to run concurrently.

(2.) The prosecution story briefly stated is as follows :-The complainant Maiyadin (PW 1) is a resident of village Atarra P.S. Atarra District Banda. His grand father was Kamta, who had three sons namely Gokul, Rajadwa and Sukhuwa, Gokul had two sons Chulbuliya and Pusaiyan (Accused), Chulbuliya has no sons. When Chulbuliya died he left behind a minor daughter who had since been married. Accused appellant No. 5 Shiv Prasad was the son-in-law of Chulbuliya. Pusaiyan (Accused) had four sons namely Jauhriya, (accused appellant No. 1), Shanti Lal (accused-appellant No. 2), Kripal (accused-appellant No. 3) and Laxmi (accused-appellant No. 4). The real sister of these accused-appellants was married to accused-appellant Janki. Rajdwa had no issues. He had a daughter who had since died, The complainant was the only son of his father Sukhuwa. He had three sons namely Jagwa (deceased Choota and Hori Lal. He owned agricultural land in village Bhuraiya which was adjoining to Arawpurwa. About three years before the date of the incident of this case, in which the young son of complainant Maiyadin who was aged about 27 years at the time of his murder, the complainant Maiyadin (P.W. 1) and accused Pusaiyan the father of accused-appellants Jauhariya, Shanti Lal, Kripal and Laxmi had some litigation on the point of land in which the complaintant had obtained possession of the land in village Purwa. The complainant had a house there which is said to have been demolished by the accused-appellants 1 to 4 and their father about 4-5 years before the date of occurrence of this case. Since thereafter the complainant had started living in mohalla Sulakthok of village and police station Atarra district Banda.

(3.) The incident of this case had taken place on 19-9-1978 at about sun set in the jungle of village Atarra which lay at distance of 21/2 kms. towards the south of this police station. At that time the complainant Maiyadin along with his son Jagwa (deceased), Chhota and Sadhwa (injured PW 2) were going from their fields to their house at Atarra. Sadhwa (injured PW 2), Jagwa (deceased) and Chhota were going ahead of the complainant when they came near the Jhal and were at a distance of about 18-20 paces, the accused-appellants and Pusaiya emerged from a nearby field in which rice crops was standing. They started assaulting the deceased, Jagwa by means of Lathis, on the exhortation of Pusaiyan. The accused-appellants also assaulted Sadhwa by means of Lathis.The complainant Maiyadin (PW 1) and his sons raised an alarm and attracted Bhauseri, Shaym Lal (PW 3) and Pyarey Lal (PW 4). The accused-appellants after assaulting the deceased threw him away in the canal and ran away. The complainant took out Jagwa (deceased) from the canal and kept him on the Patri of the canal and found that Jagwa had died. There were a number of injuries on his body which were bleeding Sadhwa also sustained injuries and had started bleeding. Leaving the dead body of his young son Jagwa in the care and custody of witnesses namely Bhauseri, Pyarey Lal (PW 4) and Shyam Lal (PW 3), the complainant along with injured Sadhwa who was his nephew and his younger son Chhota, went to the police station where he lodged a report Ext. Ka-1 about this occurrence. The police officially examined the injuries of Sadhwa (PW 2) and took his blood stained Baniyan in their possession.