LATOOR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are five appellants, Latoor -- Son of Ram Prasad, Tripal alias, Kripal, Hari Singh, Jai Singh alias Lalloo and Latoor - son of Ram Das. They have preferred this appeal against the judgment and order dated 3rd of August, 1979 passed by Sri. P.C. Agarwal, the then VII Additional Sessions Judge, Bulandshahr in Sessions Trial No. 171 of 1979. All of them have been convicted under Section 302, I.P.C. read with Section 149, I.P.C. and sentenced to life imprisonment. The accused- appellants Tripal alias Kripal, Hari Singh and Jai Singh alias Laloo have also been convicted under 147, I.P.C. and each sentenced to rigorous imprisonment for two years. The accused-appellant Latoor son of Ram Prasad and Latoor son of Ram Das have been convicted under Section 148, I.P.C. and each of them has been sentenced to rigorous imprisonment for three years. All the sentences have been ordered to run concurrently.

(2.) The deceased of the incident in question was one Ghanshyam. The genesis of the prosecution case was the first information report lodged by PW 1 Kishori Singh at Police Station Bugrasi District Bulandshahr on 17-7- 1976 at 2.45 p.m. The deceased was his uncle . The incident had taken place on that day at about 10.30 a.m. near tube well of Sukhdeo in village Ghunghrawali. According to the prosecution on the fateful day and time the informant PW 1 Kishori Singh and his uncle Ghanshyam were going towards their field. PW 3 Karan Singh came running from the side of the field of Manvir and informed his uncle Ghanshyam that the accused appellant Tripal alias Kripal had dismantled the Mend of his sugarcane field and that he did not desist on his having asked him not to do so. Leaving Imrat there, he was coming to inform him. Unarmed, the informant PW 1 Kishori Singh, Ghanshyam Singh and PW 3 Karan Singh reached near the tube- well of Sukhdeo. All the five accused appellants were found present there. All, excepting Latoor son of Ram Das, had lathis, Latoor son of Ram Das had a Ballam. When Ghanshyam asked Tripal alias Kripal as to why he dismantled the Mend of his field, all the five accused appellants replied that he had no son and they would appropriate his field and further that they would teach him a lesson for doing Pairvy from the side of Kalicharan in a pending case against them. They also held out that they would cut him to pieces, what to say of the dismantling the Mend of his field. All of them instantaneously attacked him with their weapons. He , Ghanshyam and PW 3 Karan Singh raised shouts which attracted Imrat, Hari Singh and Manvir Singh. All of them tried to intervene but the accused-appellant Latoor son of Ram Prasad took out a countrymade pistol from the pocket of his pant and flaunted it towards them that he would kill anyone who dared to come in between them and their prey. After assaulting Ghanshyam and taking him to be dead, the accused-appellants ran away. The informant was bringing the victim Ghanshyam on a cart of Manvir driven by Mahendra to Bugrasi. A little before Bugrasi Ghanshyam succumbed to his injuries. He then got scribed the first information report by Imrat at the pumping set of Patina and ultimately lodged the same at the Police Station. A case was registered. The investigation followed as usual. The dead body of the deceased was subjected to post-mortem after requisite formalities. The accused-appellants, on conclusion of investigation, were booked for trial.

(3.) It may be stated at this juncture that the post-mortem over the dead body of the deceased Ghanshyam was conducted by PW 6 Dr. Dharam Veer Singh on 18-7-1976 at 1 p.m. The deceased was aged about 65 years and about one day had passed since he died. The following ante-mortem injuries were found on his person. 1. Contusion 3" x 11/2" on the back of right forearm middle with fracture of both bones underneath. 2. Contusion 5" x 3" on the outer aspect of left arm middle. 3. Stab wound 1/2" x 1/4" muscle deep on the back of left forearm 21/2" above left wrist. 4. Contusion 4" x 21/2" on the inner aspect and back of left forearm middle with two lacerated wounds 1" apart measuring 1" x 1/3" x bone with fracture of ulna bone underneath. Communited three places. 5. Contusion 4" x 2" on the right buttock. 6. Two contusions 2" apart on left buttock measuring 6" x 2" and 4" x 1-3/4". 7. Five contusions in an area of 10" x 8" on front and outer aspect of right thigh measuring smallest 3" x 11/2" and largest 6" x 2". 8. Lacerated wound 11/2" x 1" x bone with surrounding contusion 3" x 2" with fracture both bones underneath on front of right leg upper one third. 9. Contusion 5" x 2" on front of left thigh middle. 10. Lacerated wound 2" x 3/4" x bone on front of left leg middle. 11. Lacerated wound 2" x 3/4" x bone on front of left leg lower, one-third fracture both bones underneath.