MUSAFIR AND OTHERS Vs. STATE

JUDGEMENT

(1.) Heard Sri Apul Misra, Sri Dilip Kumar, learned counsel for appellants, Sri Jai Narayan, learned counsel for the State, Sri M.P. Yadav, learned counsel for complainant and perused the materials brought on record.

(2.) .. This criminal appeal has been preferred against the judgment and order dated 21.03.1985 passed by First Additional Sessions Judge, Ghazipur in S.T. No. 22 of 1984 (State Vs. Musafir and 4 others) whereby accused appellants Musafir, Ramavatar, Ramawadh, Mukhram and Ramkrit have been convicted and sentenced under Section 302 read with 149 I.P.C. with imprisonment for life each and accused appellants Musafir, Ramavatar, Ramawadh and Mukhram have also been convicted and sentenced to undergo 2 years rigorous imprisonment under Section 148 I.P.C. and under Section 323 read with 149 I.P.C. with 1 year rigorous imprisonment. Accused Ramkrit has been held guilty and sentenced under Section 147 I.P.C. with 2 years rigorous imprisonment and under Section 323 read with Section 149 I.P.C. with 1 year rigorous imprisonment and all these sentences are directed to run concurrently.

(3.) The prosecution's case as it unfolds from the F.I.R. is that the informant Ram Ratan Yadav S/o Raghunandan (PW-1) R/o Jagopur, P.S. Mardah, District Ghazipur with his brother namely Satyadeo Yadav (PW-2) was ploughing his field on 17.10.1983 at about 6.30 AM in his village, while he himself and his other brother Lal Ji (deceased) were doing some other work in the said field, meanwhile Musafir Yadav S/o Jagar Nath Yadav, Mukhram Yadav S/o Jagar Nath Yadav, Ramavatar S/o Musafir Yadav, Ramawadh S/o Sukhdev Yadav, Ramkrit S/o Mukhdev Yadav came there, armed with lathis, spear (Ballam) and sickle (Gadasa) with an intention to kill his brother and started abusing Satyadeo Yadav telling him that the said field belongs to them and he should immediately go away from there and restrained him from ploughing the same, this led to altercation between them and thereafter Musafir who was armed with ballam exhorted all of them 'maaro saalo ko roj roj ka jhanjhat samapt' (let them be killed so that no dispute remains on daily basis). Upon this exhortation, Ramawadh with gadasa, Ramavatar with ballam, Mukhram with ballam, Ramkrit with lathi started assaulting Satyadeo (PW-2) and Lal ji (deceased) and when PW-1 raised alarm, his brother Bal Jatan (not examined) also reached there and Chintamani Yadav S/o Hazari Yadav, village pradhan, Jagopur and Prem Kumar Singh S/o Vishwanath Singh R/o Tisori, P.S. Mardah and many others had come there, had seen the incident and tried to intervene, by which the assailants fled towards North. By their assault, Lal Ji, Satyadeo and Bal Jatan received injuries and Lal Ji in particular had received serious injuries, who was placed on the cot and was taken to the police station but before he reached there, he died.