DHELAI AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has been filed by four persons namely Dhelai, Pheran, Dhani Ram and Monney against the judgment of conviction and order of sentence dated 19. 04. 1983 passed by 3rd Additional Sessions Judge, Gonda in S. T. No. 109 of 1981, whereby and whereunder all the above appellants were convicted under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life for the said offence.

(2.) It appears that during the pendency of this appeal, appellant- Monney, S/o Ram Prasad had died, thus, the appeal filed on his behalf stands abated vide order dated 30. 11. 2016, therefore, at present are concerned with the appeals filed by the appellants- Dhelai, Pheran and Dhani Ram.

(3.) The case of prosecution, in brief, as per the first information report lodged by P. W. 1 is that there is a long enmity between the prosecution party and Swami Dayal Yadav and others in connection with land and house. It is further stated that one day prior to the present occurrence an incident of assault took place in between the parties in connection with the land and house, for which Subrati (deceased) had accompanied the son of Habib to the police station, for lodging written report, because of that Dhani Ram, Pheran and others developed animosity with Subrati. It is further alleged that on the day of occurrence i. e. , 31. 08. 1980, the informant along with Subrati, Anantram, Mintar alias Saleem, Dildar Kalloo and Dukhi had gone to Kodri village for grinding of their wheat. It is stated that they were returning at 11. 00 a. m. from Kodri village after grinding of wheat to their village. However, Dukhi, in the way, stayed at his in-law's house. It is further stated that when they reached on the soling (road), the accused persons namely Dhani Ram, Monney, Bramha, Dhelai, Pheran and Ram Bux came out from a bush of behaya. It is alleged that Ram Bux was armed with farsa, whereas other accused persons were armed with lathi. It is alleged that all the accused persons started assaulting Subrati, whereupon he tried to fled away towards east, but he was chased and assaulted by the accused persons, due to that he fell down under a Babool tree. It is then alleged that thereafter the accused persons threw the body of Subrati in a ditch. It is stated that on alarm raised by the informant and his other associates, so many persons arrived and then the accused persons fled away. It is stated that after retreat of the accused persons, the informant and others had pulled out the body of Subrati from the ditch who died by that time and kept it under the Babool tree. It is further stated that thereafter the informant went to the police station and informed about the occurrence.