SIDDHU AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal was preferred by five appellants namely Siddhu son of Ram Prasad aged 50 years, Karia son of Ram Prasad aged 52 years, Smt. Masadhi wife of Karia, Smt. Rani wife of Bhulai aged 75 years and Smt. Lachcho mother of appellant nos.1 and 2 aged 80 years against judgment and order dated 24.7.1982 passed by XIII Additional District & Sessions Judge, Kanpur, in S.T. No.485 of 1981 whereby appellant no.1 was convicted under Section 307 I.P.C. and sentenced to three years R.I. and appellant nos. 2 to 5 under Section 307/34 I.P.C. to three years R.I. Occurrence is alleged to have taken place on 22.4.1981 at 4:00 O'clock in the morning. First information report was lodged by Mohan PW-3 on 22.4.1981 at 19:30 Hours at Police Station Juhi, District Kanpur.

(2.) IT appears that injured and accused belong to one and same family. According to prosecution, on 22.4.1981 at about 4 O'clock in the morning, Smt. Balllo sister of informant Mohan was lying with her small child, accused persons caught hold of her. Accused Dhokar @ Siddhu and Karia placed a loop of rope around neck of Smt. Ballo. They started hanging her by neck. The end of rope was in the hands of accused Dhokar @ Siddhu and Karia whereas lady accused persons were holding and pushing Smt. Ballo up to complete their evil design of killing Smt. Ballo by hanging. When victim raised alarm, witnesses including informant Mohan rushed to the spot and saved her. Victim Smt. Ballo had placed her one hand in front of her neck and caught hold of front part of loop of rope while her other hand was trying to loose tension of rope. Seeing witnesses and informant, accused persons ran away. Informant Mohan with help of other witnesses brought Smt. Ballo down. She was taken to the house of the informant. The informant along with Smt. Ballo went to police station concerned for lodging first information report but she was not heard there. Therefore, a written report was given to S.S.P. Kanpur. On the order of police officer, a case was registered against accused persons at police station concerned. Police investigated the matter and after completion of investigation submitted charge sheet. Injured Smt. Ballo was medically examined as well.

(3.) SECOND submission is that all family members have been roped only on account of there being some family dispute. Today, family members are living together in the same house. They are quite happy.