SARDAR Vs. STATE

JUDGEMENT

(1.) THE instant appeal has been preferred by Sardar, Gajraj and Ram Kumar alias Joker residents of village Dhdhaura, P. S. F. Fatehpur, District, Barabanki against their conviction and sentences recorded by Sri Umesh Chandra, Sessions judge, Barabacki by his judgment and order dated 3-6-1982 passed in S. T. No. 221 of 1981.

(2.) SARDAR appellant was convicted under Sections 304 (Part I) and 323 read with Section 34, I. P. C. and was sentenced to undergo R. I. for five years and nine months' R. 1. respectively under the aforesaid sections of the Penal Code.

(3.) THE case of the prosecution is that at about 3 p. m. on 28-11-1978, the accused-appellants Sardar and Gajraj were watering their field through the Channel branching off the irrigation canal. THE irrigation of the field was complete by 2 p. m. excepting a small portion of the field of Gajraj. Just then, Chhote Lal, P. W. 4 made it known to the appellants that he was to irrigate his field as well upon which appellants Sardar and Gajiaj refused to oblige till they had completed irrigation of their another field of Sardar a little away. Consequently, there ensued an alternation between Sardar and Gajraj on one hand and their brother Chhote Lal on the other hand, with the result that Sardar and Gajraj appellants jointly began to be labour Chhote Lal, P. W. 4. Chhote Lal also plied Lathi in his defence. Deceased Babu Ram who was working in his field a little away intervened in the fight in order to save Chhote Lal but he was also given. a beating by appellants Sardar and Gajraj by means of Laihies. In the fight aforesaid, appellant Ram Kumar alias Joker also joined on the side of the appellants in labouring deceased Babu Ram and Chhote Lal, Smt. Brij Rani, wife of the deceased Babu Ram who was also present in the field gathering tomatoes also intervened in the fight in order to rescue Babu Ram from repeated assaults, but she was also assaulted with Lathi which however landed on her hand resulting in smashing of her bangles and sustaining minor injuries in her hand. It was also alleged that an attempt was made to assault Bachchu Lal son of the deceased but he escaped unhurt. A hue and cry followed and on the alarm by the witnesses, the appellants bolted away from the scene of occurrence towards the village.