SHAMBHOO RATAN Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 26.02.1999 passed by learned Additional Sessions Judge, Lucknow in S.T. No.30/83, arising out of case crime no.186/82, Police Station Banthara, District Lucknow, whereby the learned trial court has convicted the accused Shamboo Rattan, Ashok, Babu Lal and Umesh under section 302 read with 149 IPC and sentenced to imprisonment for life, under section 307 IPC sentenced to rigorous imprisonment for seven years, under section 323 IPC rigorous imprisonment for one year. Accused Shambhoo Rattan and Ashok were also imprisoned under section 148 IPC and sentenced to two years rigorous imprisonment, Babu Lal and Umesh were also convicted under section 147 IPC.

(2.) Accused Ram Kishan and Vinod died during the pendency of the trial and their case stands abated by the order of the learned trial court dated 20.01999.

(3.) According to the prosecution version, a first information report was lodged by Bal Govind son of Ram Jiyawal on 27.11.1982 at 11:00 AM stating that on 27.11.1982 at about 09:00 AM when Ajay and Vijay son of Ram Chander brother of the complainant were cleaning the rubbish of the Shambhoo Rattan on the road, Umesh son of Shambhoo Rattan slapped both of them and asked why they are cleaning it Whether it belongs to their father Ajay and Vijay came to their house. Then their mother asked Umesh as to why he has slapped the children. Umesh abused her and also slapped her. Then Maya, Bhabi of complainant and wife of Uma Shankar, came out of the house to save them then Shambhoo and Vinod armed with spear, Ashok son of Babu Lal armed with farsa and Babu Lal son of Gajraj and Ram Kishun son of Sarjoo arrived. Complainant and his brother Uma Shankar also came out and asked Shambhoo Rattan not to assault their mother. Then Shambhoo Rattan exhorted to kill. Then Shambhoo Rattan and Vinod attacked the complainant by spear, Ashok by ''bhala', Babu Lal, Ram Kishun and Umesh by stones. Complainant and his brother Uma Shankar sustained injuries. The ladies also sustained injuries from the stones. They all went to the police station but Uma Shankar succumbed to the injuries on the way. Accused were inimical to the complainant on account of Ghoora which was on the land of gram samaj. Incident took place in front of the house of Bal Govind, who lodged a written report which was scribed by Vijay Prakash at the police station Banthara, District Lucknow. On the basis of the written report a chik FIR exhibit ka-5 was prepared and a case was registered under section 147, 148, 149, 324, 336, 307, 302 IPC. Investigation was handed over to SI Karamveer Singh. Injured Fulwasa, Maya Laxmi and Bal Govind were sent to primary health centre, Sarojini Nagar for medico legal examination alongwith chitthi majroobi wherein they were medically examined by Dr. S.H.A. Rizvi PW-5 who found the following injuries on the body of the injured persons.