MANGAL Vs. STATE OF U P

JUDGEMENT

(1.) Mangal son of Narain, resident of Prahladpur, Police Station Soron, district Etah, and his four sons, namely Banwari, Teni alias Mewa Ram, Latoori and Subhas are the appellants before us. The Sessions trial, however, proceeded against these five persons and one more accused, namely Smt. Ramshri, wife of Mangal. Mangal, Latoori and Subhas are said to have been armed with lathis. Smt. Ramshri was said to have come with a Khurpi which she used from its handle side. Only Teni alias Mewa Ram and Latoori used Ballams. The learned II Additional Sessions Judge, Etah, Mr. V.M. Kher, by his judgment dated 31.5.75 extended the benefit of doubt to Smt. Ramshri and acquitted her, but he found Mangal, Latoori and Subhas guilty under section 147, I.P.C. and sentenced each one of them to 15 months rigorous imprisonment. Each one of them was also convicted under section 302 I.P.C. read with section 149 of the Indian Penal Code and sentenced to imprisonment for life. Each one of them was further convicted under section 323 read with section 149 I.P.C. and sentenced to six months rigorous imprisonment. All the sentences were made concurrent.

(2.) Banwari and Teni alias Mewa Ram were convicted under section 148 I.P.C. and each one of them was sentenced to two years rigorous imprisonment. They were also convicted under section 302 read with section 149, I.P.C. and each one of them was sentenced to imprisonment for life. Both of them were further convicted under section 323 read with section 149, I.P.C., and were sentenced to six months rigorous imprisonment each. Their sentences were also made concurrent.

(3.) The occurrence took place in village Prahladpur which lies within the area of police station Soron in the district of Etah, on 10.8.76, at about 4 p.m. An F.I.R. was lodged, three miles away, in police station Soron the same day at 7.30 p.m. by Nannu (P.W. 2), who is brother of deceased Natthoo. The prosecution story was that Nannu was working in his ground-nut-crop field and his brother Natthu alongwith his wife Smt. Omwati was working in the adjacent field in which also there was ground-nut crop standing. Nearby his field is the field of accused Mangal. There was old litigation between Nannu and Natthoo on one hand and Mangal and his family members on the other. On 10.8.76 at about 3 p.m. Mangals son Banwari tried to pass through the chak of Nattheo in order to reach his own field and he was not allowed to do so. Upon this he lost his temper, abused Natthoo and went back to the village after threatening Nattheo. Within one hour i.e. at 4 p.m. Banwari and Teni armed with Ballams, Mangal, Latoori and Subhas armed with lathis and Smt. Ramshri wife of Mangal (who during the evidence was credited with a Khurpi which she allegedly used from the handle side) all came together and immediately started giving a beating to Nattheo with their weapons; Mangal is said to have exhorted Banwari and Teni to kill Natthoo and thereupon these persons caused Ballam injuries to the deceased. The remaining three accused caused lathi injuries to him and Smt. Ramshri is said to have given blows with the wooden handle of the Khurpi. In order to save Nattheo his wife Smt. Omwati also tried to intervene and she even fell on Nattheo to save the blows that were allegedly aimed at him. Latoori and Subhas, however, gave lathi blows and caused injuries to her also. The witnesses Babu, Bhadai and others who were present in the nearby fields came on the spot, and then the accused persons ran away towards the village. Arrangement of a bullock cart was made. Then Natthoo, who was badly injured, was lifted and placed in the bullock cart and alongwith Smt. Omwati he was driven to the Thana by Nannu. An F.I.R. was lodged there and then the injured were taken towards Hospital, but in the way Nattheo died. His wife was medically examined.