NATTHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 30.11.1990 passed by the Learned Sessions Judge, Banda in session trial No. 303 of 1989 (State vs. Nathu & three Ors), under Section 302/34 IPC, P.S. Kamasin, District Banda, whereby all the four accused-appellants, namely, Natthu, Suleman Khan, Harchhatiya and Kamta have been convicted under Section 302/34 of IPC and sentenced to undergo imprisonment for life.

(2.) According to the prosecution case, there was enmity between complainant Ghanshyam and persons of Yadav and Muslim community. On 13.05.1989, while complainant Ghanshyam, his brother Shiv Sagar and his crop-sharer (bataidaar) Raj Bahadur were present at their 'dera' (residential accommodation in jungle), at around 11:30 p.m. they heard noise and commotion from side of 'dera' of Badri Yadav. As complainant accompanied by his brother and crop-sharer reached there, accused-appellant Nathu having gun, Suleman Khan having lathi, Harchhatiya having pharsa and Kamta having spear, made exhortation that complainant and his companions have disturbed them a lot and they ran to apprehend and kill them. All the four accused persons ran towards the complainant and his companions and chased them. They caught Raj Bahadur and started assaulting him with pharsa, spear and lathi, while complainant and his other companions succeeded in running away towards their 'dera'. All the four accused persons dragged Raj Bahadur towards river and on the next day morning, when complainant made search for Raj Bahadur, his dead body was found near the bandha and there were signs of injury at his body.

(3.) Complainant Ghanshyam Mishra reported the matter to police by filing written complaint Ex. Ka-4 and on that basis case was registered under Section 302 of IPC against all the four accused persons on 14.05.1989 at 14:45 hours vide FIR Ex. Ka-2.