CHHANNU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals are directed against the same judgment passed on 19.4.1978 by Mr. A.B. Hajela, the then Vth Additional Sessions Judge of Varanasi in Sessions Trial No. 179 of 1977. Since they raise the same points of fact and law, they have been heard together and this judgment would govern them both.

(2.) Out of the present appellants, Baiju and Chhannu are cousin brothers. Radhey and Ram Raj who are the other two appellants, are the brothers-in-law of Baiju and Chhannu. Lalji who was originally the victim in this case and has been examined as P.W. 2, comes claiming that he is the Pattidar of Chhannu and Baiju. Baijnath Pradhan who is P.W. 7 in this case, is the real brother of Doodhnath who unfortunately died as a result of a stab wound received at the hands of Radhey-appellant.

(3.) This occurrence took place at about 9.00 P.M. on 26.5.1977 in village-Mavaiya Pokhara within the area of police station Jaitpura, District- Varanasi. The first information report was lodged by Lalji son of Tulsi Ram at 00.20 hours on 27.5.1977. The prosecution story was that Lalji had his house in the locality known as Mavaiya and to the north of his home is the house of accused Baiju. The house of P.W. 7 Baijnath is also in the same village a little distance to the south of the main road. At the time in question P. W. 1 Sahdeo was running a betel shop which originally belonged to his deceased father Jagannath and which was in a part of the house of Bachcha. Baiju-accusedappellant wanted to grab the land lying in front of the house of complainant Lalji. About three days prior to this incident, a village panchayat had been convened at the house of Baijnath Pradhan (P.W. 7). The Panchayat gave a verdict which was against Baiju-appellant and he promptly refused to obey the Panchayat verdict. At about 900 P.M. on 26.5.1977 at the shop of Sahdeo (P. W. 1) where an electric bulb was burning by the side of tin shed of the shop, Lalji (P. W. 2) was sitting. Suddenly accused Radhey came to the shop while the other appellants remained standing close by on the pavement. Radhey gave a signal and Ramraj gave a lathi blow to Lalji who started to run. He was given a chase by all the appellants who were burling brick-bats and stone pebbles at him. In this manner Lalji reached closed to the door of the house of Doodhnath being followed in hot chase by the appellants. There P.W. 3 Barsati, P.W. 4 Raja Ram P.W. 5 Bhola and the deceased Doodhnath were present. Doodhnath did not want any occurence to take place at his door. He, therefore, called upon the appeiJants to move away and not to do anything at his door. Radhey Promptly pulled out a knife from his pocket and stabbed Doodhnath. Doodhnath collapsed on the spot. His wound was bandaged. Meanwhile the culprits ran away. Lalji had already been injured by Ramrajs lathi blow and the brick-bats thrown at him by other appellants and therefore, the two injured were taken to the S.S.P. Gupta Hospital, Varanasi. Dr. N.N. Rai (P. W. 6) Medical Officer Incharge examined the injuries of Doodhnath and found a single punctured wound 2 cm X 1 cm. X cavity deep on the chest left side 12 cms. below the left nipple. It was at 6 OTclock position, oblique with bleeding edges which were clean out.