MAHENDRA Vs. STATE OF U P

JUDGEMENT

(1.) These criminal appeals have been preferred against the judgment and order dated 30.1.2010 passed by Addl. Sessions Judge, Court No.VIII, Faizabad in Sessions Trial No.315 of 1994 State of U.P. vs. Mahendra and others, convicting and sentencing the appellants to undergo R.I. for a period of one year U/s 147 I.P.C., R.I. for one and a half year U/s 148 I.P.C., six months R.I. U/s 323/149 I.P.C. and life imprisonment under Section302/149 I.P.C. and a fine of Rs.10,000/- each, in default of payment of fine, they shall further under R.I. for one year.

(2.) There is office report dated 15.11.2016 on the order sheet of Crl. Appeal No.270 of 2010 that the C.J.M. has sent its report dated 9.11.2016 that appellant Niranjan has died. Therefore, appeal of the appellant Niranjan is abated.

(3.) Briefly stated the case of the prosecution is that complainant Smt. Shakuntala wife of Buddhoo submitted a written report before Station Officer of Police Station Jahangirganj with the allegation that complainant is resident of village Aama Darveshpur, Police Station- Jahangirganj, District Faizabad. There was litigation between applicant and Niranjan Maurya with regard to land. The case is pending in Tehsil Tanda since about 7-8 years. Due to this, Niranjan and his family members were inimical with the applicant. About 6.30 a.m. Mahendra son of Niranjan was going from her land with bullocks. Her husband forbade him to carry the bullocks from his land. Mahendra said that I will carry my bullocks from this pathway but my husband forbade him. Mahendra made noise at his home, then Niranjan, Kadhaee, Rajendra, Shyam Sundar, Lalloo, Ashok, Munnar, Jai Ram, Abhimannoo and Vijay Bahadur came there. Mahendra and Shyam Sundar were armed with Katta and bricks and others had bricks and lathi. Mahendra exhorted, on which all the above accused began to beat by throwing the bricks. Mahendra made two fires from country made pistol and her husband fell near the hand pump after receiving the injury. When she ran to rescue her husband then Rajendra beat me by throwing a piece of brick which caused injury in her waist. Hearing the noise my daughter Vimla and villagers Sri Kant, Jhoori Yadav, Ram Awadh, Ram Achal, Ram Asrey and others came on the spot and saw the incident and intervened. Her husband died on the spot. The dead body of my husband is lying before the door. My daughter and villagers are present there. On the basis of this written report F.I.R. was lodged against accused Mahendra, Niranjan, Kandhaee, Rajendra, Shyam Sundar, Lalloo alias Ram Mani, Ashok Munnar, Jai Ram, Abhimanoo and Vijay Bahadur on 21.7.1989 at 9.45 a.m.