BASANT GADERI Vs. STATE OF U.P.

JUDGEMENT

(1.) CONNECTED criminal appeal no. 1645 of 1981 Jageshwar and two others, was decided by this Court on 9.11.2006. Sentence was reduced to the period already undergone. Fine of Rs.5,000/- was imposed upon appellant Misri Lal since appellants Jageshwar and Nageshwar were reported to be dead during pendency of appeal.

(2.) THE instant appeal arises from the same incident and is directed against judgment and order dated 22.7.1981 passed by IInd Additional Sessions Judge, Gorakhpur, in Session Trial No.183 of 1980, whereby appellant, Basant has been convicted and sentenced to undergo three years R.I. under Section 325/34 I.P.C. and fine of Rs.200/-, and five years R.I. under Section 304 Part-II I.P.C. Appellant has already served almost one year in jail, therefore, sentence awarded under Section 325/34 I.P.C. stands served. Therefore, so far appeal relates to conviction under Section 325/34 I.P.C. stands dismissed.

(3.) PROSECUTION case as given out in the first information report lodged by Gajraj Gaderi PW-1, on 14.5.1979 at 8:35 p.m., who was also injured witness is that on 13.5.1979 at about 9:00 a.m., goat of complainant was grazing in his Khutahar (field from which crop had been reaped). Dinesh son of accused Basant, was indulging in the act of breaking leg of goat. In the meantime, Vidyadhar son of complainant reached and rescued the goat. This incident caused displeasure to accused Basant. At about 12 O' clock in the noon on the same day, accused Basant along with accused Jageshwar, Nageshwar and Misri came at the door of complainant and began to abuse. Complainant objected whereupon accused Nageshwar (as stated by complainant) exhorted. Thereupon, all four accused began to beat complainant. In the meantime, complainant's wife Smt. Janki Devi reached to save him. Accused Basant wielded a blow on head of his wife by a bamboo 'Ipawa'. His wife fell down at once and became unconscious. Many persons of village, namely Chulhai, Bisesar, Nakchhed etc. arrived and intervened then the accused ran away to their houses. Complainant taking his wife in an injured state on a dunlop cart went to Government dispensary at Brahmapur. His wife succumbed to injuries in the hospital.