CHITTAR Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. The present Criminal Appeal arises out of the judg ment and order dated 2-7-1980 passed by the Vth Addl. Sessions Judge, Hardoi, convicting the appellants under Section 147,302/149, I. P. C. and sentencing each of them to one year's rigorous imprisonment and life imprisonment respectively in respect of an incident which is alleged to have taken place on 14-3-1977 at 7. 00 a. m. in village Bhitha Maha Singh, Police Sta tion Baghauli, District Hardoi in which one Laxman was killed.

(2.) THE prosecution case, in brief, is that the complainant as well as the ac cused persons are the residents of the same village and there is one Neem tree near a well which is situate just near the Chabutra of Chittar accused. It is alleged that the said tree was the joint property of the accused as well as the complainant. On 14-3-1977 at about 7. 00 a. m. the deceased was going to his field and as soon as he reached in front of his house, the accused persons, namely, Chittar armeh with Mungri, Shri Ram armed with Thomaria and Binda, Santu and Mool Chand armed with Lathis came out and on the instiga tion of Chittar accused-appellant, all the accused persons started assaulting the deceased with their respective weapons. On hearing the cries complainant Hori Lal (P. W. 1) and others rushed to the scene of the incident and they all saw the inci dent. It is also alleged that several other persons including Chunnu, Murli P. W. 3, Subedar and Tondey P. W. 2 witnessed the incident. It is also alleged that on their challenge the accused persons ran away. Hori Lal P. W. 1 who is the brother of deceased Laxman lodged a First Informa tion Report at police station Baghauli at 9. 15 a. m. on the same day. THE distance of the police station Baghauli from the place on the incident is about 10 kilometres.

(3.) ACCORDING to the Doctor the death was caused due to shock and haemorrhage as a result of ante- mortem injuries.