RAM PRASAD AHIR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Ram Prasad and three others, who have been convicted by the learned Additional Sessions Judge of Ballia under Sections 323 and 325, I. P. C. read with Section 34, I.P.C. Each of them has been sentenced to imprisonment for two years and a fine of Rs. 25/- or further imprisonment for one month in default of fine under Section 325/34, I.P.C. Each of them has been sentenced to imprisonment for one year under Section 323/34, I.P.C. The sentences have been ordered to run concurrently.

(2.) The prosecution case is that. Sheo Muni is a resident of village Qazipur. The four appellants are residents of village Kharid. One afternoon 8 or 10 cows belonging to the appellants were grazing in a sugarcane field belonging to Sheo Muni. Deo Narain conveyed this information to Sheo Muni. Sheo Muni, his cousin Musafir, uncle Parshad, and Sheo Muni's father Parsan rushed to that field. These men drove out the cows from the field, and were taking them towards the cattle pound. The cows, however, fled, and got mixed in other cows which were grazing in an adjoining field belonging to Kalkatti Halkhor. Sheo Muni and his relations were picking up the cows belonging to the accused from the herd. At this time the appellants arrived there with lathis. They objected to the taking of the cows to the pound. Sheo Muni's party insisted on taking the appellants' cows to the pound. Thereupon all the four accused attacked Sheo Muni and his relations with lathis. Musafir and Parsan fell down as a result of their injuries. The same day Sheo Muni lodged a report about the occurrence. The injuries received by Sheo Muni and his relations were medically examined. Musafir died after a Few days as a result of his injuries. The four accused were, therefore, prosecuted for causing Musafir's death and for causing injuries to Sheo Muni, Ram Parshad and Parsan.

(3.) All the four accused pleaded not guilty. They said that they had been implicated due to enmity. In the alternative, it was pleaded that Sheo Muni and others were beaten in the exercise of the right of private defence.