DARIYAO Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against an order dated 21-121964 passed by the learned Sessions Judge, convicting both the appellants, namely, Dariyao and Parsi under Section 302 read with Section 34, Penal Code and sentencing them each to imprisonment for lie.

(2.) THE person who lost his life was Sia Ram, a resident of village Tikri, within police circle Fatehpur Sikri, district Agra.

(3.) THE prosecution case briefly stated, was that Sia Ram (deceased) had a gaut (a place for preparing and storing cow dung cakes) on an open land to the west of the pathway in front of the nehra of Parsi (appellant ). Parsi and his brother wanted to take possession over that land. A few years ago they entered into an arrangement with Bharat Singh (D. W. I) to whom the adjoining plot belonged and on the strength of that arrangement they wanted to take possession over the land of the gaut belonging to Sia Ram (deceased ). A day prior to the occurrence the womenfolk belonging to the house of Parsi (appellant) prepared cow dung cakes on the land of the gaut. Sia Ram (deceased) and his brother very much resented that act and there was an altercation between Sia Ram on the one hand and Parsi on the other. The latter removed his cow dung cakes from that place only after the intervention of the village people. About a fortnight prior to the occurrence there bad been a quarrel between Sia Ram (deceased) on the one hand and Daryao on the other because the latter wanted to take water from the common gul at an hour earlier than the his scheduled time of the turn. It was on account of these ill-feelings that on 28th February, 1964, at about 10 a. m. both the appellants armed themselves with lathis, stationed themselves in front of the gant near the house of Parsi and abused Umrao, a distant uncle of Sia Ram As soon as Sia Ram (deceased) happened to pass that way and asked the appellants why they were abusing Umrao when the entire matter had been settled a day earlier both the appellants attacked Sia Ram with lathia and struck one blow each. Sia Ram fell down unconscious. He was taken to the district hospital at Agra. He, however, succumbed to his injuries the same day at 5 p. m.