SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Satish Trivedi, senior advocate, appearing for the appellants and Sri Ram Milan Dwivedi, learned A.G.A. for the State.

(2.) THIS criminal appeal arises from the judgment of the IInd Addl. Sessions Judge, Banda, dated 12.4.1982, convicting all the seven appellants and sentencing them to imprisonment for life under Section 302, I.P.C. read with Section 149, I.P.C. and further convicting the appellants-Girija Shankar, Shyam Sunder and Balla to one year's R.I. under Section 148, I.P.C. ; appellants-Shankar, Chhedi, Nathan and Vashistha to 6 months' R.I. under Section 147, I.P.C. and appellants-Girija Shankar, Balla, Shyam Sunder, Shankar, Chhedi, Nathan and Vashistha, for a term of 5 years' R.I. under Section 201, I.P.C. The sentences were to run concurrently.

(3.) THE prosecution allegations were that on 13.5.1978 at about 6.30 p.m. when the deceased Bhola Nath Dwivedi was returning to his house in village Mandor from village Mawai alongwith informant. Ghanshyam Pd. Tripathi, and was at a distance of about 15 to 20 paces from his house the appellants-Girija Shankar, armed with a spear, Balla and Shyam Sunder armed with barchhas and Shankar and Chhedi armed with lathis, came from the northern and other lanes and khandhar (the ruins of a building) near his residence and assaulted the deceased. When Ghanshyam tried to save him, he was also belaboured with lathis. THEn he ran away and raised an alarm, whereupon Bhola Nath's wife, Smt. Bhagwati Devi and son Munna alias Ravi Shankar, climbed on the roof and they also started raising an alarm. THEn the appellant Shankar cried out that they should keep quiet otherwise they would also be murdered. A number of villagers witnessed the incident. THE assailants after assaulting the deceased dragged him, then tied his body in a sheet and after hoisting it on a lathi carried it in the eastern direction towards Jamuna river. In this work of tying up and hoisting the dead body, Nathan and Vashistha also assisted. Out of fear the informant kept himself hiding in his house but when the people built up his confidence, he submitted a written report at the police station on 14.5.1978 at 1.30 a.m.