BHAGWAN DAS Vs. STATE OF UP

JUDGEMENT

(1.) Appellants (1) Bbagwan Das son of Gaya (2) Chhathu son of Nagessar (3) Thakur son of Bhagwan Das (4) Chhotey Lal son of Panchu (5) Babu lal son of Chhathu (6) Ram Briksha son of Shiv Baran (7) Shiv Baran son of Nagesar and (8) Manan son of Gamsh, have preferred this appeal against the judgment and order dated 8.2.1979 passed by III AddI. Sessions Judge Basti in Sessions Trial No. 264 of 1977 convicting the appellant No.1 Bhagwan Das under section 304(2), I.P.C. and sentencing him to undergo 7 years R.I., under section 149, I.P.C. 1 years R.I. and under section 323/149. I.P.C. 6 months R.I. The sentences were to run concurrently. Appellants Nos. 2 to 8 namely, Chhathu, Thakur, Chhotey, Babu Lal, Ram Briksha, Shiv Baran and Manan have been convicted under section 147, I P.C. and sentenced to a period of 1 years R.I. These appellants were further convicted under section 323/149, I P.C. and sentenced to 6 months R.I. The sentences to these appellants (Nos. 2 to 8) were to run one after another.

(2.) The prosecution story as is revealing from the record is that one Ram Deo had litigation with Chhathu son of Nagesar Yadav. The field of Chhathu was sown by Ram Deo. The dispute was referred to Panchayat which directed measurements of the field and thereafter it was found that 5 biswas of land vested in Chhathu. It was also resolved in the Panchayat that after harvesting the crop Ram Deo would leave the land. On 26/3/1975 Ram Deo has harvested the crop and bad kept on the western side of the village in the. Khalihan. On 26/3/1975 around 6 p.m. when Ram Dea and his brother Sbahdeo were present in the Khalihan, aU the appeUants named above wielding lathi, hallam and Gandasa reacbed the spot with a common intention and told Ram Deo as to why he is harvesting the crop of Chhathu. Ram Deo replied that because he has sown the crop, hence he is harvesting it. A verbal scuffle ensued. Suddenly Bhagwan Das exhorted, hurling abuses, to give a thrashing to Ram Deo and his men. Bhagwan Das and other persons, shown above, started assaulting Ram Deo and Shahdeo with latM. On the cries of Shabdeo, Sita Ram son of Basanta, Jagdish son of Ram Deo, Baldeo son of Bahrechi, Hem Raj son of Parmatma, Lolai son of MatadiA Yadav and Naresh son of Budboo Yadav reached the spot running. Bhagwan Das and his men also assaulted these persons. Ram Deo, Shabdeo and his men also used lathi and Ballam in their self defence causing injuries to the party of Bhagwan Das. On receiving lathi blow from Bhagwan Das, Ram Deo fell on the ground. However, on account of persuasion at the instance of the villagers Bhagwan Das and his men ran away. While Shahdeo was bringing Ram Deo on a cot to the Police Station, he expired on the way in village near Pauli. Sbabdeo and other members of his party also received many injuries. A written report of the incident was lodged by Shahdeo with the Police at P.

(3.) Ghanghata on 27.3.75 at 5 p.m. The distance of village Rampur from the P.S.Ghanghata is about 12 miles. 3. Another report was lodged by Chhathu son of Nagesar about the same incident on 27.3.75 at 5.30 a.m. wherein it was stated that Chhathu was having litigation in regard to the agricultural land with Ram Deo. It has been mentioned that the matter was referred to the Panchayat which has resolved that whatever land vests in favour of the respective claimants would be handed over to them. Chhathu was given around 15/16 biswas of agricultural land from the land which was in possession of Ram Deo. On 26.3.1975 around 6 p.m. Ram Deo, Jagdish, Shahdeo, Sita Ram and Baldeo were harvesting the crop. Chhathu enquired of them as to why they were harvesting the crop which was sown by him. It was also explained that the matter has already been resolved by the Panchayat. However a verbal scuffle ensued and persons of the party of Ram Deo attacked Chhathu and his men with Bhala. Baldeo inflicted a Bhala injury in the right abdomen of Chhathu. On his raising noise, Sheo Baran, Chhotey Lal, Panchu Yadav, Thakur, Bhagwan Das, Babu Lal, Ram Briksha, Shiv Baran, Manan, Triloki and Sarajoo rushed to the spot to save Chhathu and his men, but they were also assaulted. Jagdish inflicted a ballam injury to Manan and other persons were assaulted with lathis. In self defence Chhathu and his men also used lathi.