GULZARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Gulzari, Devi, both sons of Shital, Vijay Bahadur alias Vijayee son of Ram Das, Prabhu son of Bhagwandeen, Guru alias Gaya Pd. alias Guru Prasad, Bawan alias Raj Bahadur and Babu Singh, all residents of village Nakatoo Mazra Chatta ka Purwa, P.S. Sachendi, district Kanpur against the judgment and order dated 26-4-1980 passed by Sri D. K. Trivedi, the then VIIth Addl. Sessions Judge, Kanpur, in Sessions Trial No. 65-M of 1979 convicting and sentencing them for various punishments including life imprisonment under Sections 148, 323 read with Sections 149, IPC and 302 read with Section 149, IPC for

(2.) In brief the facts of the case are:- there was enmity between both the parties. On 30-10-1977 at about 8 a.m. the party of the complainant, namely, Umrao (informant), Karan Singh (deceased), Ram Ashrey, Amar Singh, (injured), Prakash (injured) and Ram Autar (injured) were going to play SHIKAR (hunting). When they reached at a distance of 100 yards at the Chak of Lalta Lonia (father of appellant Babu Singh and Bawan alias Raj Bahadur), accused Babu Singh, Bawan alias Raj Bahadur, Gulzari and Devi, both sons of Shital Lonia, Vijayee and Guru alias Gaya Prasad and Prabbu came out. Babu Singh was armed with a gun, Bawan and Guru were armed with KATTA (country made pistol) and others were armed with lathis. All of them exhorted. At this, the assailants started to attack with their respective weapons. From the fire of Babu Singh, Karan Singh and Dharampal died on the spot and in the Mar-peet Amar Singh, Prakash and Ram Autar suffered injuries. On an alarm the witnesses came and saw the occurrence.

(3.) The F.I.R. was lodged by the informant - Umrao Singh at 9.15 a.m. on 30-10-1977 while the police station is at a distance of seven miles from the place of occurrence.