KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 28.01.1984 passed in Session Trial No. 415 of 1982 passed by Sri Krishna Kumar, Second Additional Sessions Judge, Unnao convicting and sentencing the appellants as under:-

(2.) Gist of the prosecution case is that on 12.07.1981 at around 5 P.M. one Ram Swaroop @ Ladku along with Moti came to the field of Jhauni Raidas to take Rs. 100/- which Ram Swaroop gave to him, and when Jhauni Raidas did not pay the said amount then both the persons i.e. Ram Swaroop and Moti came inside the Village, and demanded money from the son of Jhauni Raidas namely Chandrika. Chandrika refused to give the money and started shouting that Ram Sarup and Moti are killing him. On his shouting the villagers namely Keshav Ahir with Kulhadi, Darbari Ahir with lathi, Bhikhan Ahir with lathi, Baldev Ahir with Lathi, Vishambar Ahir with gandasa, Manna Ahir with Kulhadi and Ramphal Ahir with lathi. Chandrika Raidas and Ambika Raidas with lathi, Munna Ahir with lathi, Chota Ahir with lathi, Satti Ahir with lathi, Nanhkau Ahir with lathi and Maiku Ahir with Lathi came at the door of Chandrika and started hitting brother of informant Ram Sarup and Moti with Lathi and Kulhadis and on their shouting another brother of informant Ganga Ram his nephew namely Maiku and his sister-in-law namely Ganga Dulari came to rescue of Ram Sarup and Moti and in this quarrel they were also beaten up. In the meantime, one Rajaram and Ramlal son of Pancham Dhanuk, and Devi Charan came to the spot of occurrence and exhorted Keshav and others then the accused fled from the spot. Ram Swaroop and Moti died on the spot.

(3.) Kishan Manna and Bishambar were charged under Section 148 of I.P.C. for forming an unlawful assembly. Rest of the accused were charged under Section 147 of I.P.C. for being members of said assemblies with an object to murder Ram Sarup and Moti. All the accused were charged under Section 302 read with Section 149 of IPC. All appellants were further charged under Section 313, 149 of IPC for causing injuries to Ganga Ram, Maiku and Smt. Ganga Dulari on the same date, time and place. They pleaded not guilty to the charges and claimed to be tried.