BHAWANI DIN Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. Seven persons including the six appellants named above and one Ghasita faced their trial (S. T. No. 11 of 1977) in the Court of Mr. R,c. Gupta, the then Additional Sessions Judge, Hamirpur. Bhawani Din son of Kamla, Ram Swaroop, Paras Ram and Kunwarpal alias Kunwar Lal were found guilty of offences punishable under Sections 148 and 302/149 of the Indian Penal Code. On the first count each one was awarded rigorous imprisonment for three years and on the second count, each one was sentenced to imprisonment for life. Appellant Shanker and Bhawani Din son of Paras Ram were found guilty of offences under Section 147 and under Sections 302/149, I. P. C. and on the first count, each one was sentenced to two years' R. I. and on the second count to imprisonment for life. Ghasita died during the course of the trial. After the filing of this appeal, during the pendency of the appeal Bhawani Din son of Kamla has also died and his appeal has also thus abated. We are now to consi der the case of the remaining five appellants.

(2.) THE occurrence took place in village-Badanpura, Police Station, Rath, district Hamirpur on 24-10-1976 at about 8 in the morning. THE First Information Report was lodged by Rameshwar Dayal on 24-10-1976 at 11. 15 a. m. at Police Station Rath. It was scribed by Shyam Sunder. THE distance of the thana from the scene of occurrence is of nine miles or 13 kms Two persons suffered death. THEy are Uma Shanker (brother of Rameshwar Dayal-first informant) and Bansidhar Lodhi-a fast friend of Uma Shanker. All the accused appellants are residents of village Badanpura. Ghasita who died during the pendency of the trial, was however originally resident of village-Masgaon, but prior, to this occurrence, he was also residing in village-Badanpura. Deceased Uma Shanker and complainant Rameshwar Dayal are real brothers and were both residents of village Badanpura. Bansidhar Lodhi also resided in the same village. THE evidence further shows that prior to this occurrence. Urn) Shanker had left Badanpura and started residing with his family in the town of Charkhari and from there occasionally was visiting Badanpura, where he used to stay with his brother Rameshwar Dayal. Bansidhar was unmarried. On account of very fast friendship between these two deceased persons, whenever Uma Shanker came to Badanpura and stayed with his brother Rameshwar Dayal, Bansidhar also used to remain in his company all along and was even sleeping in the night at the house of Rameshwar Dayal with Uma Shanker. It is said that the relations between the accused appellants and the family members of the deceased Uma Shanker and Bansidhar, prior to this occurrence were strained. About two years be fore 24-10-197t consolidation operation on had taken place in village Badanpura and some good fields of the appellants were allotted to the chak of the deceased Uma Shanker and Rameshwar Dayal-first informant. This had caused ill-will against the deceased in the hearts of the appellants. A theft had taken place in the house of one Gaya Prasad Lodhi prior to this occurrence. Gaya Prasad was of the opinion that this theft had been committed by Bansidhar and Sukhlai (P. W. 2) at the instance of Uma Shanker. A Panchayat regarding this occurrence had taken place in the village and the Panchas directed Uma Shanker and Bansidhar to compensate Gaya Prasad by paying him a sura of Rs. 1600/ -. Uma Shanker and Bansidhar however did not accept this decision and on the contrary they harled abuses at the appellants and Gaya Prasad, who belonged to the party of the appellants This incident was an additional reason for the appellants to have become inimically disposed against Uma Shanker and Bansidhar. Due to these motives, the occurrence dated 24-10-1976 did take place.

(3.) DEADBODIES reached the mortuary at Rath on 25-10-76 in the morning and Dr. S. D. Tripathi, Surgeon, Government Male Hospital, Rath performed the autopsies on the deadbodies at 11. 30a. m. and 1. 30 p. m. vide, Exts. Ka-2 and Ka-3. Bansidhar was a young man with average built body and had died about 18 to 36 hours before the time of autopsy. The following ante-mortem injuries were found on his deadbody 1. Gunshot wound of entrance of the size of 2 cm x 2cm. x bone deep on left side of face 1 cm. below ear. There was blackening in an area of 13 cms X 10 cms all around the wound. 2. Two abrasions one of the size 2. 5 cm X 1. 5 cm on outer aspect of left ankle joint and other of the size of 2 cm x 1. 5 cm on outer aspect of k ft heel. 3. Two incised wounds - one of the size 7 cm X 1. 5 cm. x verbetral column deep on the back part of the left side of neck at its root and the other of the size of 7 cm X 1. 5 cm x verbetral column deep on the left side of neck above the previous wound and separated only by flap of skin 2 cm broad. 4. Incised wound 4 cm x 1 cm X bone deep on occipital region of head in mid line. 5. Incised wound 5 cm x 2 cm x muscle deep on left side of head 12 cm from left ear.