SITA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Six persons, namely, Sita, Bandhan. Shyam Deo, Inarman, Hari Nath and Jagdhari were tried by the IV Additional Sessions Judge, Azamgarh in Sessions Trial No. 290 of 1979. By judgment and order dated 28-10-80, Bandhan was acquitted and the remaining five of them were convicted and sentenced to various terms. All of them were convicted and sentenced to life imprisonment under Section 302 I.P.C.read with Section 149 I.P.C. All of them were also convicted under Section 323 I.P.C. read with Sessions 149 I.P.C. and each of them was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 500.00 for the said offence. In default of payment of fine, each of them was to undergo further rigorous imprisonment for three month. Out of fine, if realized, Rupees 500/- was ordered to be paid to Smt. Barsati and Rs. 250.00 each to Sumiran and Smt. Phulwa (all injured of the felony) were to be paid. Accused Shyam Deo was also convicted under Section 148 I.P.C. and sentenced to one year's rigorous imprisonment. The remaining four were convicted under Section 147 I.P.C. and sentenced to six months' rigorous imprisonment each. All the substantive sentences were ordered to run concurrently. These five convicted accused-appellants preferred this appeal. Out of them, Shyam Deo and Jagdhari died during pendency of the appeal. As such, the appeal was ordered to abate as against them as per our order dated 14-10-1999. Therefore, presently we are concerned only with the accused-appellants Sita, Inarman and Hari Nath. Inarman and Hari Nath are the real brothers being the sons of Dalsingar. Sita is the son of Kumar.

(2.) In this incident, one Kishore died and three others, namely, PW 1 Sumiran. PW 2 Smt. Barsati and PW 3 Phulwa Devi sustained injuries. The incident took place on 26-5-79 at about 10 A.M. in village Achalpar. Police Station Mubarakpur, District Azamgarh. The report was lodged at the Police Station by PW 1 Sumiran on 26-5-79 at 6.07 P.M. The distance of Police Station from the place of occurrence was four miles.

(3.) The salient feature of the prosecution case may be stated briefly. The informant PW 1 Sumiran is the brother of the deceased, whereas PW 2 Smt. Barsati is the wife of deceased and PW 3 Phulwa Devi is his daughter. Kishore had planted sapling of lemon outside his house in the northern side. In between the night of 25/ 26/05/1975 some one uprooted it. At about 10 A.M. in the morning, his wife PW 2 Smt. Barsati detected it and she started cursing the persons who had done this mischief. Thereupon, the accused-appellant Sita came over there whose house was also situated in the same cluster. An altercation took place between him and PW 2 Smt. Barsati. He gave a call whereupon other accused-appellants reached there. Accused Bandhan (Acquitted) had a spear and Shyam Deo had a Gandasa. The rest had Lathis in their hands. Sita had a lathi with him from the very beginning. All of them assaulted PW 1 Sumiran, PW 2 Smt. Barsati and her daughter PW 3 Phulwa Devi. On their hue and cry, several persons reached there. Kishore's son Phoolbadan intervened. The accused persons attempted to attack him also. He took to his heels but was chased. Kishore happened to meet the accused in the way. then they chased Kishore for some distance, overtook him and assaulted him. He sustained serious injuries and became unconscious. Finding an opportunity. PW 1 Sumiran managed to reach the Police Station where he lodged the F.I.R. A case was registered and investigation started. Kishore happened to die in the District Hospital, Azamgarh at 12.15 A.M. The following night, the injuries of all the injured were medically examined. PW 6 Dr. S. D. P. Gupta examined the injuries of Kishore on 26-5-79 at 8.30 P. M. The following injuries were found on his person as per injury report Ext. Ka-5 : 1. Lacerated wound 10 cm x 2.5 cm x bone deep right forearm backside 4 cm above right wrist joint. 2. Lacerated wound 8 cm x 1.5 cm x bone deep left side top of head 9 cm above left ear. 3. Traumatic swelling 9 cm x 6 cm top of head middle part.