BACHCHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by appellants Bachchu, Lal alias Vijai Bahadur, Rajendra Singh, Surendra Kumar and Kunwar Pal against the judgment and order dated 1/11/1980, passed by Sri Gaya Prasad, the then VI Additional Sessions Judge, Mainpuri in Sessions Trial No. 463 of 1979 (district Mainpuri), whereby the learned Sessions Judge convicted and sentenced to all the aforementioned appellants for life imprisonment under Sections 302/149 I.P.C. and further to appellant Nos. 1, 4 and 5, namely, Bachchu, Surendra Kumar and Kunwar Pal under Section 147 IPC to undergo six months R. I. and appellant Nos. 2 and 3, namely, Lal alias Vijai Bahadur and Rajendra Singh under Section 148 IPC to undergo R. I. for one year.

(2.) The First Information Report (in short 'F.I.R.') in this case was lodged by Sudhir Singh (P.W. 5) against Pappu, Lal Bahelia, Rajendra Nath, Narena Bahelia, Surendra, Kunwar Lal and Bachchu and the implication of accused Brijendra was found during investigation but the learned Sessions Judge has acquitted accused Pappu and Brijendra for want of adequate evidence. No appeal was preferred by the State against this acquittal and the acquittal has become final. As regards Narena Bahelia, he died during the trial and the case was directed to be abated against Narena Bahelia by the learned Sessions Judge himself.

(3.) The brief facts of the case are that Sudhir Singh, the complainant (step brother of the deceased Sagar Singh) lodged an F.I.R. at police station Karhal, district Mainpuri on 4-7-1978 at 1.00 a.m. in the night with the allegation that in the night of 3rd/ 4/07/1978, a programme of Jot (singing of religious songs) was arranged at the house of Tilak Singh Bahelia. The complainant along with his brother Sagar Singh, Arjun Singh and Ismail Khan went to hear the Jot at the house of Tilak Singh. At about 12.30 in the night they were returning from there and when they just came out from the house of Tilak Singh, accused Bachchu Lal son of Govind came and asked Sagar Singh, the brother of the complainant, that somebody wants to meet him near the Mandir (temple). Sagar Singh went with Bachchu towards the Mandir and few minutes thereafter the witnesses heard shrieks and cries of Sagar Singh on which they reached towards the side. At the field plot of Jagdish, they saw, in the light of Torch and electricity that accused Pappu, Lal Bahelia and Rajendra were assaulting Sagar Singh