SURENDRA HARIZAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri D.K. Srivatava, learned counsel for the appellants, learned AGA for the State and perused the records.

(2.) The present criminal appeal has been filed against the judgment and order of the trial court dated 15.01.2002 passed by the Additional District and Sessions Judge, (Fast Track Court No.2), Azamgarh in S.T. No.227 of 1993 (State of U.P. Vs. Surendra and Two Others) convicting and sentencing the appellants to undergo imprisonment for life under Section 302/34 IPC and to pay a fine of Rs.5,000/-. In default of payment of fine they shall undergo further six months simple imprisonment.

(3.) The facts of the case are that a report was lodged by the informant Mewati wife of the deceased Baldhari Harijan resident of village Bajahuddinpur @ Jiudhipur, Thana Sidhari, District Azamgarh on 21.05.1992 at 11.30 am alleging that on 21.05.1992 she was sitting in front of her house and her husband-the deceased had come from Kanpur on the same day. She told her husband that with regard to the dispute about a temporary cottage (Madai) regarding which there was a dispute about 7 months earlier with accused persons (appellants herein) and three days prior to the incident the accused Surendra Harijan, appellant no.1 and Parsad Harijan, appellant no.2 had come to the house and caught her father-in-law by his collar and shaken him up. Hearing this her husband-the deceased remonstrated with the accused at the door of his house whereupon accused Surendra rushed towards her husband with a Jaraudha (bamboo stick with roots) and started raining blows upon her husband as a result of which her husband fell on the ground whereupon the deceased picked up a stick to save himself and ran towards the house of other accused appellant no.2- Parsad Harijan. Thereafter on the exhortation of Surendra, the appellant no.2 Parsad Harijan picked up a Lathi and started raining blows upon the deceased, as a result of which her husband fell on the ground upon this the appellant no.3- Prabhawati alias Dwiji, wife of Parsad caught the deceased by his testicles and pulled it and also picked up a brick and started hitting the deceased on his chest with it. This incident was witnessed by P.W.2-Dhanpati wife of Mohan Harijan and P.W.3-Lekhraji wife of Pancham and Suresh son of Munnar and on a hue and cry being raised by the people the accused Surendra Harijan, Parsad Harijan and Prabhawati @ Duiji ran away. When the informant and other persons went to examine the deceased they found that he had already died. This report was dictated by the informant to the scribe Prabhakarnath Pandey son of Ramdev Pandey and marked as Ext. Ka-1. On the basis of this report a First Information Report, Ext. Ka-11 was lodged in the Thana Sidhari, District Azamgarh.