HAR SAHAI Vs. REX

JUDGEMENT

(1.) Har Sahai, his brother Ramesh and their father Babu Lai, Kayesfcha, oi village Janigaon, in district Hardoi, were tried by the learned Sessions Judge of Hardoi for the murder of Lallu Singh and also for having caused grievous hurt to his brother Raghunath Singh. He acquitted them of the charge of murder, but convicted them under Section 325 read with Section 84, Penal Code for having accused grievous hurt to Lallu Singh as also Eaghunath Singh. He sentenced liar Sahai and Ramesh to undergo five years' rigorous imprisonment and Babu Lai to two years' rigorous imprisonment, under each count, The sentences of all the accused were Ordered to run concurrently. They have come up in appeal.

(2.) The prosecution case as sought to be established at the trial was as follows: Babu Lai is a village patwari. So are his two sons, Har Sahai and Rameah. They all live in Janigaon. At a distance of 30 Cr 35 paces from their house stands the house of Lallu Singh and Baghunath Singh. Lallu Singh has a daughter Ram Kali. Three Cr four days before 26th September 1947, Mt. Ram Eali whs returning home from the village temple. While she was near her father's house, a dog belonging to the accused rushed at her. It caught hold of her dhoti which was torn, but before it could bite, one Sukhraj Singh shouted and prevented the dog from doing so. Ram Kali reported the matter to her father. He complained to Ramesh about his dog. This led to an exchange of hot words between them and was followed by abuae on either side. The next day Ramesh went to Sendila, where his father was employed, and about four gharia before close of day, on 26th September 1947, he returned to Janigaon with his father Babu Lai and his-brother Har Sahai. One Ganesh Pasi also accompanied them. After they had alighted from the cArticle Lallu Singh was seen coming out of his . Thereupon Har Sahai abused him and referring to the exchange of abuse that had taken place between Lallu Singh and Ramesh the other day, challenged the latter to have it out with him. This led to an altercation between them, whereupon Babu Lai, Ramesh, Har Sahai and Ganesh all rushed at Lallu Singh with lathis and began to strike him. He raised an alarm which brought his brother Baghunath to his help. Baghunath Singh attempted to intervene. He was also beaten. The noise that was caused attracted a number of villagers to the place of occurrence whereupon all the four assailants of Lallu Singh and Baghunath Singh ran away.

(3.) As a result of the injuries inflict ed upon-him, Lallu Singh fell down and became unconscious. He was taken in a bullock-cart to police station Atrauli, five miles away, but he expired on the way near village Almapur. A first information report of the occurrence made by Baghunath Singh was recorded at 8 a. m.