CHANDRA BHAI Vs. STATE

JUDGEMENT

(1.) VERANDA Kumar, J. These are an appeal against the judgment and order, dated 11-5-1982 passed by Sessions Judge, Unnao convicting each of the two appellants Chandra Bhal and Ramesh under Section 302 read with Section 34, I. P. C. and sentencing them to imprisonment for life.

(2.) INFORMANT Mangal (P. W. 1) has two sons Mool Chand and Sheo Prasad (P. W. 3) besides the third son Mahadeo (deceased ). Prosecution case is state a briefly. On 25-12-1979 that is, about 2 years before the incident in question Shanker, the brother of accused Chandra Bhal was murdered. Mangal and all his three sons were prosecuted for the murder but they were acquitted into month the sawan, that is, about 3-4 months before the occurrence in question. Hence, relation between Mangal and his sons on the one hand and the accused Chandra Bhal on the other, were strained and it was the motive for commission of the murder of Mahadeo by Chandra. Bhal and his friend and associate Ramesh, On 3-11- 1981 in the early morning Mangai and his three sons had gone to the field of Ambey Lala which was taken by them on Batati. The field of Ambey Lala situated towards the east of the village Abadi. Adjoining the field there existed another field of Ambey Lala towards the east which was under culivation of Hori Lal. Towards the South of that field of Ambey Lala which was with Mangal on 'batai, situated the field of Babu and on the intervening 'mend' there existed shrubs, bushes, Khajoor and Babool tree. Mangal and his two sons vlool Chand and Sheo Prasad were collecting 'kheries' (dried roots of the previous crop) and Mahadeo was ploughing the field at about 7 A. M. while Mahadeo reached near the southern 'mena' in connection with ploughing, both the accused Chandra Bhal and Ramesh came out from the bushes and shrubs which were on the southern Mend. They were armed with guns. They threw a challenge and fired at Mahadeo with the guns. Mahadeo got hit by the shots and fled towards North. On reaching a few steps he fell down in his field. The bullocks' yoke used in the ploughing was also hit by pillets of the shots. Both the accused reached near Mahadeo who had fallen down and again fired one shot each on him from close range. Hari Lal was also ploughing the eastern field belonging to Ambey Lala. He, as well as a number of other persons, namely, Sarjoo, Budhai, Prithi Pal who happened to reach there through Galiyara, witnesses the incident. Both the accused fled away West on being challenged by the witness. Galiyara situated towards the West adjoining the plot in which occurrence took place, Mahadeo died instantaneously due to fire-arm injuries.

(3.) PROSECUTION side has examined, six witnesses including 3 eye-witnesses, namely, Mangal, Sarjoo and Sheo Prasad. Other witnesses are formal.