DASHRATH Vs. STATE

JUDGEMENT

(1.) THIS appeal is by four appellants, namely, Dashrath, Salig Ram, Alakh Ram and Asrey, all real brothers, residents of village Gudila, Police Station Utraula, district Gonda, against their conviction unuer sections 302, read with section 34, and under section 324, read with section 34, Indian Penal Code and the punishments awarded therefore by IInd Addl. Sessions Judge, Gonda, under his judgment and order dated 24-5-1982. Bach one of them was awarded punishment to life imprisonment for having allegedly caused death of Barsati and one years rigorous imprisonment tor having caused injuries to Samai and Kunnan.

(2.) THE occurrence relates to 11-12-1981 at about 12 noon at or near the field of Ragghu Kahar, within the area of village Govindpur, Police Station Utraula. THE victim of the occurrence was Barsati aged about 4u years and his elder brother Samai residents of the same village, namely, Gudila and Kuntan, brother-in-law (Sala) of Barsati. THE prosecution case, briefly stated, is that Barsati had obtained sale deed in respect of portion of a plot from one Shyam Sunder about 3-4 years prior to the occurrence, while the other portion of the same plot was purchased by accused-appellant Dashrath about two years from before the date of this occurrence. Though the portions were separate but there was no clear and visible line of demarcation between the two portions of the plots. Both the parties had grown paddy crop in their respective portion of the plot. On the fateful day, Barsati, Samai, Kuntan and Smt. Chinka, wife of Barsati were at work in their portion of the plot reaping their paddy crop. At about noon, all the four accused-appellants arrived at the field armed with Pharsa and lathis and asked Barsati as to how he was reaping the crop in the absence of demarcation of the plot and threatened that they shall not permit Barsati and others to reap the crop unless the plot was clearly demarcated on the spot. Barsati reacted that even though there was no formal line of demarcation the two portions were separate and having been shown and grown separately, he had right to reap the crop. After some discussion Barsati suggested that the matter be taken to the village panchayat for their verdict and this suggestion or proposal was accepted by Dashrath and his brothers. THEreupon, both the parties proceeded towards the village but in the way when they reached near the field of Ragghu Kahar situate within the area of village Gomdpur there was some altercation between them and Dashrath exhorted his brothers to attack Barsati and settle the matter once for all and thereupon all the four persons launched their attack with their respective weapons. As a result of the injuries received by Barsati he fell down and succumbed to his injuries on the spot. Somai and Kuntan who tried to intervene and save Barsati also received injuries in the attack by the four accused persons. On hearing the alarm several persons who were working in the fields around rushed to the spot. In the first information report Mahabad, Pancham Kurmi of village Chaukhara, Ram Yadav and Chaudhary Tell of village Gudila and Hanumanganj, Gaya, Mathura of Bilaspur challenged the accused persons who thereupon managed to escape.

(3.) POSTMORTEM examination on the body of the deceased was carried out on 13-12-1981 at 3 P.M. by Dr. Radha Raman. Age of the deceased according to the postmortem report was about 40 years. Rigor Mortis was found present in the lower limbs, having been passed off the upper ones. These anti-mortem, injuries were found on the person of the deceased : (1) Incised wound 4 cms x 1.5 cm, 5 cms above the centre on upper border of sternum, (2) Incised wound 1.5 cm x 1 cm on left lateral side of neck, 5 cms from the labula on right ear muscle deep, and, (3) Lacerated wound at the back of the head in the ocipital region 14 cms x 4 cms, 3 cms from the ear on left side extending at the back of the head 10 cms from the right ear.