ZILEDAR & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeals have been filed against the impugned judgment and order dated 5.4.1988 passed by VI Additional Sessions Judge, Kanpur Dehat in S.T. No.251 of 1985 (State Vs. Ziledar and four others), convicting accused-appellants Ziledar under Sections 325/149 & 148 I.P.C. and sentencing with rigorous imprisonment for a period of 3 years and 1 year respectively and convicting rest of the accused persons namely Gore Singh, Sheo Shanker Tewari, Mole Singh, Channapal Singh and sentencing them under Sections 325/149 & 147 I.P.C. with rigorous imprisonment for a period of 3 years and 1 year respectively.

(2.) The brief facts relating to the case are that, one Kashi Prasad lodged a F.I.R. at P.S. Ghatampur, District Kanpur Dehat at 8:05 p.m. against 6 persons Ziledar Singh, Gore Singh, Shiv Shanker Tiwari, Bhole Singh, Bade Singh and Channa Pal, with the allegations that, "on 7.11.1984 his brother Shiv Prasad was collecting fodder from his fields near the field of Daya Ram in which the crop of Jwar was ripe and over which there was some dispute with Thakurs of village Shitalpur; that at about 3:00 p.m. the named accused persons of village Shitalpur and Channapal Singh of his village were harvesting the crop of Jwar in the disputed field upon which Ram Nath, Hari Lal, Daya Ram, Ram Kumar Singh and Kallu asked them to desist from harvesting disputed crop, which all these persons armed with Lathi, Danda, Kanta and Barchhi assaulted them; that his brother Shiv Prasad @ Puttu, who had also reached there in the meantime was stabbed with Barchhi in his abdomen apart from which Ram Nath and Hari Lal also sustained injuries."

(3.) Upon investigation charge-sheet was submitted against all the named accused persons except Bade Singh. Charges were framed against Ziledar under Sections 148 & 307 I.P.C. and against other four accused persons under Sections 147 & 307/149 I.P.C. The accused persons denied the charges and demanded trial. The prosecution in order to prove charges produced injured Shiv Prasad @ Puttu as P.W.-1, first informant Kashi Prasad as P.W.-2, injured Ram Nath as P.W.-3 and eye witness Daya Ram as P.W.-4, the witnesses of fact. Apart from which four formal witnesses Dr. V.K. Gupta, who examined Hari Lal and Ram Nath at P.H.C., Ghatampur as P.W.-5, I.O. Afaq Hussain as P.W.-6, Head Constable Chhote Lal as P.W.-7 and Dr. R.K. Gupta, Radiologist as P.W.-8 were also examined by prosecution before closing evidence. After completion of prosecution evidence the statements of accused persons were recorded under Section 313 Cr.P.C. and after hearing the parties counsel, learned trial court passed the impugned judgment and order of conviction dated 5.4.1988 convicting Ziledar under Section 325/149 and Section 148 I.P.C. and other four accused persons under Sections 325/149 & 147 I.P.C. and sentenced them with 3 years rigorous imprisonment under Section 325 I.P.C. and 1 year rigorous imprisonment under Sections 148 & 147 I.P.C. Feeling aggrieved, Ziledar, Mole Singh and Channa Pal Singh filed Criminal Appeal No.782 of 1988 and Gore Singh and Shiv Prasad Tiwari filed Criminal Appeal No.1033 of 1988.