LAKHAN Vs. STATE

JUDGEMENT

(1.) Heard Sri Ram Babu Sharma, learned counsel for the revisionist and Sri Gambhir Singh, learned A.G.A.

(2.) This criminal revision has been preferred against the judgment and order dated 7.11.1989 passed by IInd Additional Session Judge, Badaun in Crl. Appeal No. 75 of 1987 whereby he dismissed the appeal and modified the judgment and order passed by Assistant Session Judge, Badaun in S.T. No. 80 of 1985 on 17.4.1987 whereby the accused revisionist Lakhan, Budh Pal and Meharban along with one co-accused Bhojraj have been convicted under Section 147, 148, 307 read with Section 149 IPC and have been sentenced under Section 147 IPC with two months rigorous imprisonment, under Section 148 with three months rigorous imprisonment, under Section 307 read with 149 with three years rigorous imprisonment and fine of Rs. 500/- each and in default of payment of fine, they have been directed to further undergo three months additional simple imprisonment. All the sentences are directed to run concurrently. The appeal was partly allowed only to the extent of acquitting the accused of charges u/s 147 IPC while conviction and sentence for offences under other sections, was upheld.

(3.) In short, the prosecution version as per F.I.R. is that on 20/21.10.1984 in the night after 12 O' clock when informant's nephew Ranveer, Ram Bharose, Karan Singh, Mohar Singh, Brij Pal, Veer Pal, Sebu, Omkar, Latoori, Jitendra, Hukmi, Shiv Narayan and Chaukidar Gokaran were making rounds in the village as usual, Mohar Singh was having S.B.B.L. gun, Brij Pal was having D.B.B.L. gun and rest of them were having lathies and when at about 1:00 am in the night they reached towards east of the village, near the house of Om Prakash, from the western side 9-10 persons were seen coming, who reached in front of house of Ram Nath and, when informant and his companions flashed torches upon them, they, with an intention to kill opened fire upon informant side, by which the informant's nephew Ranveer received pallet injuries. In defence, in the light of torches, Mohar Singh and Brij Pal also opened fire upon miscreants, due to which, the miscreants turned around and made fires upon the informant side, while fleeing. By the fires made from the side of informant and his companions, one miscreant fell down in front of the house of informant, who got up again and tried to flee, but the informant and his companion had caught hold of him after assaulting him with Lathis, while rest of the miscreants fled towards north in field making fires. The miscreant, who was arrested had got injuries as he was assaulted by the Lathis and was not in a position to speak and soon after succumbed to his injuries. The informant and his companion had well recognized all the miscreants in the light of torch, who could be identified if they happened to appear before them. At the time of occurrence, some other villagers had also come. Due to fear of the miscreants in the night, the informant could not go to the Police Station to lodge F.I.R. They kept the deceased-miscreant, whose identification could not be done.