MUNSHI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals have been preferred by Munshi Lal and Chunna Lal alias Chunnu against the judgement and order dated 28-3-1979 passed by Sri. Ikarmul Bari, 8th Additional Sessions Judge, Kanpur, in Sessions Trial No. 452 of 1975, Munshi Lal has been convicted under Ss.304 and 323/34, I.P.C. and has been sentenced to 7 years R.I. and a fine of Rs. 500/- or in default of payment of fine to six months' further rigorous imprisonment as also to three months' R.I. respectively under the two counts. The other appellant Chunnu Lal has been convicted under Ss.325/34 and 323, I.P.C. He has been sentenced to four years' R.I. and a fine of Rs. 500/- or in default of payment of fine to further six months' R.I. and to three months' R.I. under the two counts. The sentences have been directed to run concurrently.

(2.) The prosecution story is as follows :- Suraj Pal, P.W. 4 and Shantanu Kumar were residents of village Amauli, P.S. Sajeti, Kanpur, and has been students of Gandhi Vidyapith College at Ghatampur. The two appellants and accused Ram Shanker and Rampal were also studying in that College. The appellants and the other two accused were residents of village Bhadran. In their student days there was strained relationship between Suraj Pal, P.W. 4, and his friends on the one side and Munshi Lal appellant and his friends on the other. During the Karik fair Munshi Lal appellant had a Marpit with one Babu Singh of village Amauli. On 12-4-1973, Suraj Pal, P.W. 4 and Shantanu Kumar were standing on the left of the College building near the house of one Ram Sajiwan Pande who has been described in the prosecution story as Pandeji. They were waiting for one Nath Singh who belonged to their village. At about 9.15 a.m. the two appellants and their companion Ram Shanker and Rampal arrived there. They had lathis in their hands. On the exhortation of Ram Shanker and Rampal the appellants started assaulting Suraj Pal, P.W. 4, and Shantanu Kumar with lathis. Shantanu Kumar received an injury on his head and fell down. Suraj Pal, P.W. 4 also received injuries. The incident was said to have been witnessed by Shiv Baran Singh, Paras Ram Singh, Khagol Singh and many others. After the incident first aid was given to Shantanu Kumar at Primary Health Centre, Ghatampur, but ultimately he was shifted to Hellet Hospital, Kanpur, where he died at about 6.30 or 6.45 p.m.

(3.) A written first information report of the incident was lodged by Suraj Pal, P.W. 4, at P.S. Ghatampur on 13-4-1973 at 2.00 a.m. (night).