DEORAJ Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the five appellants namely Deoraj, Bachcha, Chunna, Gaya and Balbir against the judgment and order dated 30.8.1983 passed by Addl. Sessions Judge, Banda in S.T. No.479 of 1980 convicting the appellants u/s 302 r/w Section 149 IPC and sentencing them for life imprisonment u/s 302 and further sentencing them rigorous imprisonment for a term of six months u/s 147 IPC. All the sentences directed to run concurrently.

(2.) Out of aforesaid five accused-appellants, appellant no.2 Bachcha S/o Sukhdeo and appellant no.4 Gaya, S/o Chunna have died during the pendency of the appeal and their appeals have been ordered to be abated by coordinate Bench of this Court vide order dated 9.4.2012 and 2.2.2016 respectively. Hence the present appeal survives on behalf of appellant nos.1, 3 and 5 namely Deoraj, Chunna and Balbir.

(3.) According to the prosecution case, an oral report was lodged by the informant Lallu of village Bilgaon in Police Station Bisenda at 2.15 a.m. on 16.11.1978 with an allegation that his father Matola and sister Sohaniya had gone in village Marwahar for cultivating and sowing the field which had been given to him by one Swaram Thakur to the deceased in-lieu of 'Halwahi'. His grand-mother Smt. Soniya had gone to that field at about mid-day carrying the prepared food for them. After cultivating and sowing the said field, deceased Matola along with his mother Soniya and daughter Sohaniya were returning back to their house before sunset. When they reached on the service road of a canal near the field of Mauwa Kachhi, all the accused who were lying in wait for his father behind the back of neighbouring temple, suddenly came out and started assaulting him with lathi. Smt. Soniya and Sohaniya rushed to the house crying informing the informant about the accused assaulting Matola. The complainant and his uncle Sewaka rushed to the spot and found Matola lying dead on receiving the injuries. The incident of maarpeet has been witnessed by Hulasiya and other villagers. It was further stated that Matola had once assaulted and insulted by accused Bachcha and the revenge of which had been taken by his father and because of which the accused Bachcha and others bore enmity with his father. The deceased Matola had molested the wife of accused Deoraj at about 15 days before the incident in the fields of which she complained to her family members in the village. The accused on account of the said enmity, namely Deoraj, Bachcha, Chunna, Gaya and Balbir have assaulted the deceased Matola due to which he received injuries and died. Matola received injuries on his head and back with lathis. The informant along with his uncle Sewaka went to the police station Bisenda to lodge a report about the incident and the Head Moharrir Sardar Singh prepared the chik report Ext.Ka-1 and made an entry in respect of it in G.D, extract of which is marked as Ext.Ka-6. A case u/s 147, 304 IPC was registered against the accused persons.