RAJPAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 22-4-1978 passed in Sessions Trial No. 372 of 1977 by Mr. Rati Ram Jatav, the then III Additional Sessions Judge of Etah, whereby he has convicted the six appellants mentioned above on a charge under Sec. 147 and 302/149, I.P.C. and sentenced each one of them to one Year's rigorous imprisonment on the first count and to imprisonment for life on the second.

(2.) The occurrence in question took place on 6-2-1977 at about sunset in village Jinavali to which the appellant as well as the deceased Gangaram and his brother Ospal (P.W. 1) belonged. The first information report was lodged at 7.45 p.m. the same day at police station Awagarh, Etah, at a distance of three miles from the place of occurrence. The above pedigree has been elicited during the statement of P.W. 1, Ospal and is not disputed by any of the parties. It will thus be clear that deceased Gangaram and Ospal (P.W. 1) who were real brothers were the first cousins of accused persons Rajpal, Babu and Rajbir and second cousins of Sukhbasi, Hira and Hardayal. The evidence is that they had a common ancestral house in, which they had separate portions. They were all residents of village Jinavali which lies within the area of police station, Awagarh, district Etah.

(3.) It is not disputed again that on the question of a wall there was some sort of marpit between Gangaram on the one hand and Sukhbasi Hardayal and Hira three of the present appellants and one other person (Rakshpal) on the other. Gangaram had received an injury from a GANDASI in that fight and had lodged a report under Ss. 324 and 452 of the Penal code. This happened on 5-2-1977 i.e. one day before the occurrence. On the basis of the report, a case was registered against Sukhbasi, Hardayal, Hira and Rakshpal, vide, G. D. entry Ext. Ka-6. It is also in evidence that in connection with the investigation of that case, a sub-inspector from the Thana had come to the village at about 5 p.m. on 6-2-77 and after making some investigation had already left the village, when at about sunset this occurrence took place. It may also be mentioned here that sun-set on 6-2-1977 in Allahabad was at 17.50 hours. The prosecution case is that near about sun-set one Thakur Ramvir Singh of the village came to the house of Gangaram and called him and his brother Ospal. When these brothers came out, the Thakur told them that they were required to be present at the house of Udaipal where one Gajendra Singh of Bathua had come to arrange compromise between Gangaram and the accused appellants, Gangaram entered into talks with Thakur Ramvir Singh and in that way he moved a few steps till both of them came to the Kharanja just in front of the chhappar of Kunwarpal Ospal and Gangaram's wife Smt. Patra were also accompanying Gangaram, Gangaram ultimately told Thakur Ramvir Singh that a compromise could not be made without intervention of the Daroga, because he had already lodged a report and the Daroga had come to the village to make an investigation. Upon this the Thakur told him that he will have to enter into a compromise otherwise he will be ruined. Suddenly from out of the chhappar of Kunwarpal, the six appellants of this case all armed with lathis emerged. One of them Babu exhorted the others to kill Gangaram and Ospal and all of them fell upon Gangaram and started giving him a beating with their lathis. Smt. Patra was standing at some distance. Ospal ran away from the spot and cried for help. Witnesses collected including Udaivir (P.W. 3), Mahesh Chand (P.W. 4) and others and at their intervention, the appellants ran away from the spot. Ospal arranged to bring the injured to his house. He could not make any arrangement for the transport of the injured to the thana. He, therefore, himself covered the distance of three miles on foot and reached police station Awagarh, where he lodged the first information report at 7.45 p.m.