POORAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals arise out of a common impugned judgement and order dated 27.06.1987 passed by learned Sessions Judge, Lalitpur in Session Trial No. 45 of 1985 (State vs. Pooran And Others), under Sections 302 and 302/34 of IPC, Police Station Kotwali, District Lalitpur, whereby accused-appellant Pooran son of Chhalle has been convicted under Section 302 of Indian Penal Code (hereinafter referred to as 'IPC') and accused-appellants Dharam Das, Gyasi and Pooran son of Rakhoo, have been convicted under Section 302/34 of IPC and all the accused-appellants have been sentenced to imprisonment for life. Both the appeals are being decided by this common judgment.

(2.) During pendency of this appeal, accused-appellant Pooran son of Chhalle has expired and thus, appeal in respect of accused-appellant Pooran son of Chhalle stands abated. Now, the appeal survives only in respect of accused-appellants Dharam Das, Gyasi and Pooran son of Rakhoo.

(3.) In this case, name of deceased is Roshan, who was brother-in-law (Bahnoi) of complainant Pappu. It is alleged that on 22.05.1985, when complainant-PW-9 Pappu, Hetram, Shanker along with Roshan, who is brother-in-law of the complainant, were going to consume liquor, on the way, one Dharam Das also joined them and started hurling abuses to Roshan by uttering that Roshan talks nonsense about him and after threatening to see him, he went away. PW-9 Pappu and alleged Hetram and Shanker came at Sargam Hotel for dinner. When dinner was being served, accused-appellants Dharam Das, Gyasi, Pooran along with another accused-appellant Pooran son of Rakhoo came in the said hotel at about 11:30 PM. Accused-appellant Dharam Das caught hold of Roshan and all the accused-appellants started scuffling with him, however, Roshan, being a person of well built body, dragged all the accused persons outside the hotel. Accused-appellants along with deceased accused-appellant Pooran son of Chhalle overpowered deceased Roshan and fell him down. On the exhortation made by accused-appellants Dharam Das, Gyasi and Pooran son of Rakhoo, deceased accused-appellant Pooran son of Chhalle took out a knife from his shocks and gave three knife blows at stomach of deceased Roshan. Due to injuries, deceased Roshan became unconscious and all the accused-appellants fled away from the spot. Deceased Roshan was sent to hospital and PW-9 Pappu reported the matter to police by submitting written complaint Ex.Ka-7 and on that basis a case was registered on 22.05.1985 at 22:30 hours, under Section 307 of IPC against all the four accused persons, vide FIR Ex. Ka-4.