OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal is directed by appellants Shyam Lal, Om Prakash, Ram Pal and Burmah against the judgment and order dated 18-9-1980 passed by Sri L. S. P. Singh, the then 4th Additional Sessions Judge, Kanpur in Ses sions Trial No. 166 of 1979. Each of them has been convicted under Section 302 I. P. C. read with Section 34 I. P. C, under Section 324 I. P. C. read with Section 34ipc and under Section 323 read with Section 34 I. P. C. Each of them has been sentenced to undergo life imprisonment under Sec tion 302 I. P. C. read with Section 34 IPC, six months' rigorous imprisonment under Section 324 read with Section 34 IPC and three months rigorous imprisonment under Section 323 read with Section 34 I. P. C. All the sentences have been ordered to run concurrently.

(2.) THE prosecution case was that P W 4, informant Buddha used to look after the cultivation of PW 1, Raja Ram in village Bajaraha Punva, Police Station Sheoli, District Kanpur as he was in service at Kanpur and thus unable to look after his cultivation. On 13-4-1979 at about 4 p. m. the accused-appellant Om Prakash and Shyam Lal were digging earth from the drain situated by the side of the field of PW 1 Raja Ram. Bhagwan Din deceased who was the real brother of informant PW 4 Buddha forbade them from doing so, but to no effect. Bhagwan Din then came to Kanpur and informed PW 1 Raja Ram about it. Raja Ram went to his village from Kanpur, enquired from Om Prakash on 14-4-1979 at about 9 a. m. the reason for digging earth from his drain. Om Prakash replied that he had dug the earth and he would dig the same again. He also held out that before digging any further earth, he would teach a lesson to Bhagwan Din who had made a complaint to him (PW 1 Raja Ram ). Short while later, Om Prakash and Shyam Lal armed with spears and Burmah and Ram Pal armed with lathis came to the house of Bhagwan Din. Shyam Lalstrucka blow with his spear on Bhagwan Din and the remaining three accused-appellants assaulted Pooran-father of Bhagwan Din with lathis and spears. On hue and cry being raised by the victim, the informant PW 4 Buddha and the witnesses PW 1 Raja Ram, Ghaseete, Ram Chandra and a num ber of other persons reached there and challenged the victims. THE accused-ap pellants then fled away towards the western side. Bhagwan Din and Puran sus tained injuries. THEy were sent to P. H. C. Chaubepur for medical aid and examina tion. PW 4 Buddha went to Police Station Sheoli and lodged a First Information Report at 11 a. m. THE distance of the Police Station was ten miles. Bhagwan Din died at 10 a. m. the same day. Puran was medically examined by PW 6 Dr. Laxmi Sahai Johari. As per the injury report Ex. Ka-8 the following injuries were found on his person: 1. One contusion 8" x 1/2" at back upper part, on both sides of midline of back. 2. One punctured wound 1/8" x 1/8" at medial aspect of lower half of left forearm, fresh and bleeding profusely.

(3.) ONE traumatic swelling 1-1/2" x 1" at middle part of left forearm at post aspect 1" below injury No. 4.