LAWS(ALL)-1978-7-10

NATHU Vs. STATE

Decided On July 12, 1978
NATHU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of Sri V. S. Kulshrestha, Additional Sessions Judge, Pilibhit by which he convicted the appellants-Nathu, Pallu, Jagdeo, Bachu and Moti-under Section 302/149 IPC and sentenced each of them to imprisonment for life. Appellants, Nathu, Moti, Bachu and Jagdeo were further convicted under Section 148 IPC and were sentenced to two years' R. I. each. Appellant Pallu was also convicted under Section 147 IPC and he too was sentenced to two years' R.I.

(2.) THE person who lost his life in this case was one Harpal, resident of village Gai Boih, P. S. Gairaula, district Pilibhit. He was a milt-vendor by profession. His wife, Smt. Ram Wati, PW 1 lived with him. Sometime in the year 1970, a theft was committed at his house In that theft Harpal deceased was said to have caught appellant Nathu red handed, Harpal made a report against him in consequence whereof a case was started against Nathu. On 21-8-1972. at about 9 P. M., appellant Nathu along with the other appellants of the case met Harpal at his house and asked him to compromise the theft case. Harpal refused to oblige them. His refusal irked the appellants and they went threatening Harpal.

(3.) THE appellants pleaded not guilty and repudiated the truth of the allegations made against them. THEy attributed their false implication due to enmity. Appellant Nathu alleged that Ram Swarup PW 2 had chopped off the nose of his Sala for which a case was started against him. He appeared as a witness against him in that case and it was because of this that Ram Swarup got him implicated in this case. Appellant Moti is the brother of Nathu ; according to him he too had been falsely implicated by Ram Swarup. Appellants Jagdeo and Pallu, who were also own brothers, also attributed their implication due to Ram Swarup. According to Jagdeo he had abducted a girl at the asking of Ram Swarup, but when the police came in the picture, he disowned to have played any part in this crime. Appellant Pallu aleged that as *he happened to be the brother of Jagdeo, he too was roped in by Ram Swarup. Appellant Bachu also threw all the blame for his implication in this case on Ram Swarup. He alleged that he had brought a girl from Pipari Nagaria with her consent to his village. This girl turned out to be a relation of Ram Swarup. Ram Swarup, therefore, felt annoyed with him and implicated him in this case.