GOBARDHAN Vs. STATE

JUDGEMENT

(1.) THESE two appeals as well as Criminal Revisions arise out of same transaction and are in respect of same judgment. THESE were heard together and shall be disposed off by one judgment. The two criminal appeals were directed by Gobardhan and Bajrangi, real brothers, against their sentence and conviction to undergo four years' RI so far as Gobardhan is concerned under section 307 IPC, and three years' RI so far as Bajrangi is concerned under section 307/34 IPC. The two criminal revisions arise out of a notice of enhancement issued by a learned Judge of this Court at the time of admission of the appeals.

(2.) IN brief, the prosecution story is that a civil litigation had taken place between Ram Tirath, on one hand, and the two accused, on the other, in consolidation courts. The Deputy Director of Consolidation had decided the case in favour of Ram Tirath complainant about two and a half months before this occurrence. This was the cause for the accused to harbour a grudge against Ram Tirath. The other motive for this crime was that Ram Pher, brother of Ram Tirath, had sold a big branch of Goolar tree to Tilak Ram about 10 or 12 days before the occurrence. INspite of the protest of the accused, Ram Pher had got the branch cut and removed by Tilak Ram. On 29th of May, 1971, Ram Pher was returning back to his house in village Sisdur from his Khalihan. The time was about 8-30 a. m. The two accused armed with Ballam, so far as Gobardhan is concerned, and Bhala, so far as Baj- rang is concerned, emerged from their house and started beating Ram Pher. Ram Pher shouted for help, Barsati, Ram Tirath, Ram Chander, Ram Ujagar and Mohammed came to the scene of occurrence. Ram Pher ran towards south. He was chased by the accused and when he fell down to the east of the house of Barsati, he was delivered blows with their respective weapons by the accused, who ultimately escaped away. Ram Pher was rushed to the police station Kotwali in a jeep and Ram Tirath lodged report at the police station, Kotwali, Gonda, on the same date at about 10.15 a. m The distance between the village Sisdur and police station Kotwali is about six and a half miles. Ram Pher was sent to District Hospital, Gonda, for examination Dr. Nirankar Singh examined Ram. Pher on the same date at 11a. m. and found following injuries on his person :

(3.) THE defence of the accused was complete denial. THEy put up a counter version by suggesting as if a dacoity was committed at their house in between the night of 28th and 29th of May, 1971,, in which Ram Pher was one of the dacoits. In this dacoity, two ladies of their house were injured and the villagers had caused injuries upon Ram Pher.