STATE Vs. SIDHNATH RAI

JUDGEMENT

(1.) Sidhnath Rai alias Sidhi Rai, Raghupat Rai, Ram Jatan Rai and Belal were charged under sections 302 and 323, I. P. C. read with Section 34, I. P. C. for the murder of Hail Ji arid for causing simple hurt to Vishwanath Rai in furtherance of the common intention of all on the 21st of October, 1954, at about 8 a.m. in village Bhataura, within police circle Gahmar in district Ghazipur. They were acquitted of the offence under Section 302. Only Sidhnath Rai was convicted under Section 304 Part I and sentenced to eight years' rigorous imprisonment. All the four were convicted under Section 323, I. P. C. read with Section 34, I. P. C, for causing simple hurt to Vishwanath Rai and Hari Ji and each sentenced to six months' rigorous imprisonment. Sidhnath has preferred Appeal No. 1363 of 1955; and the other three have preferred Appeal No. 1160 of 1955 as against their conviction and sentences. The State has preferred Appeal No. 1736 of 1955 against the acquittal of these four persons under Section 302/34, I. P. C. All these appeals have been heard together and we propose disposing of them by a common judgment.

(2.) Raghupat Rai appellant is the son of Sidhnath Rai alias Sidhi Rai appellant. Ram Jataiv Rai is a nephew of Sidhnath Rai; and so was Hari Ji the deceased. Belal appellant has been their servant.

(3.) That an incident took place on the morning of the 21st of October, 1954, in mauza Bhataura in which these four persons had participated' and in which Vishwanath Rai and Hari Ji had been assaulted, as a result of which the former received simple injury and Hari Ji received simple and grievous injuries as a result of which Hari Ji died, is not now disputed. The two broad questions which we have got to consider are : (1) Were Sidh Nath Rai, Raghupat Rai, Ram Jatan Rai and Belal protected under the plea of the right of self-defence and did they not exceed that right? 2. If not, whether all or any of them committed an offence punishable under Section 302, I. P. C. read with Section 34, I. P. C. or whether Sidhnath Rai alone committed an offence punishable under Section 304 Part I, I. P. G.