CHHOTEY LAL AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) JUDGEMENT Behari (25), resident of village Koilabia, police station Gola, district Kheri, and Gokul (30), resident of village Bhalliya, police station Gola, district, Kheri, have filed two separate jail appeals against their conviction under Sections 302, 324 and 323 read with Section 34, Indian Penal Code, by the Additional Sessions Judge, Kheri. Chhotey Lal (30), and Chet Ram (25), residents of village Teliya Kunda, police station Gola, district Kheri, have filed a represented appeal (Criminal Appeal No. 280 of 1966) against their conviction in the same trial, for the offences under Sections 302, 324 and. 323 read with Section 34, Indian Penal Code. Under Section 302/34, Indian Penal Code, each of them has been awarded life imprisonment. Similarly, under Sections 324 and 323 read with Section 34, Indian Penal Code, each of them has been sentenced to undergo 2 years and 6 months rigorous imprisonment, respectively. Since all these appeals arise out of the same trial we propose to dispose them of together. We have heard the learned counsel for Chhotey Lal and Chet Ram appellants and the Assistant Government Advocate, for the State.

(2.) DWARKA deceased was the brother of Parwan and Suraj Bali. Smt. Savitri is the wife of Suraj Bali Chhotey Lal and Chet Ram appellants are the brothers of Smt. Bilasa, who was married to Behari. In this manner, Behari appellant is the brother-in-law of Chhotey Lal and Chet Ram Gokul appellant is the husband of Beharis mothers sister.

(3.) ON 11th August, 1965, at about midday, Chhotey Lal, Chet Ram and Gokul visited the house of Dwarka. Chhotey Lal possessed a bhali, Chet Ram was armed with a kanta and Gokul had a lathi. They asked Dwarka to send Smt. Bilasa with them, as it was the month of Sawan but he told them that she could not be sent at that time as there was rush of work in the house, and they could take her away afterwards. Thereupon, the three appellants insisted to take her away even forcibly. In that connection, hot words were exchanged and an altercation took place between them. In the meantime, Behari appellant also came out from his house armed with a lathi, and instigated the other appellants to kill him. (The house of Behari was situated immediately towards west of the house of Dwarka deceased.) So, they all started assaulting Dwarka with the weapons which they possessed. Parwan Lal (Dwarkas youngest brother) was present there from the beginning and when he tried to intervene, he was also attacked. His another brother Suraj Bali, with his wife Smt. Savitri rushed there to the help of the victims, but they too met with the same fate at the hands of the assailants. Some persons from the locality also arrived there and tried to intervene, but they were threatened by Chhotey Lal and others. Thereafter, the appellants fled away and also took with them Smt. Bilasa, who was throughout standing at the door and watching the entire incident like a helpless spectator.