BUDHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above named appellants have preferred this appeal against the order dated 6-9-1980 of Sri P. Chandra the then Sessions Judge, Bijnor convicting them under Sec.323/34, 324/34 and 302/34 of the Indian Penal Code and sentencing each of them to 1 year rigorous imprisonment, 3years rigorous imprisonment and life imprisonment under the said counts respectively. All the sentences have been ordered to run concurrently.

(2.) In order to know inter se relationship between the accused, the deceased and the injured witnesses, it may be stated that Ganga Ram and Ghasita were real brothers. Ganga Ram had a son Khacheru whose wife was Smt. Parmeshwari the deceased of the present case. Ghasita has three sons namely accused Budhu, accused Har Kishan and accused Natthu while accused Chhotu is the son of accused Buddhu. Khacheru, the husband of Smt. Parme-shwari died issueless about 3 - 31/2 years ago from the date of incident. After his death, his widow Smt. Parmeshwari inherited his properties and her name was mutated in revenue records and Smt. Parmeshwari herself started getting the land left by her husband cultivated. It is alleged that accused persons were putting pressure on Smt. Parmeshwari to transfer her land in their names to which Smt. Parmeshwari was not agreeable, therefore, she was being threatened by the accused person on account of which Smt. Parmeshwari came down to her brother Sukhram P.W. 1 in village Qadarabad and started living with him for the last about two months before the present incident. Injured Smt. Bhuria is the wife of Sukhram while injured Ram Pal P.W.2 and injured Ram Kumar are the sons of Sukhram. The prosecution case further is that about one month before the incident Buddhu accused along with his brother-in-law Ram Lal came to the house of Sukhram and asked Smt. Parmeshwari to come back to her house for which she did not agree and told them that there was danger to her life at their house. On this Buddhu accused said that she would give her land to her brother and he would teach a lesson to her and her brother. After giving this threat the said persons went back.

(3.) It is further said that in the mid night of 28/29-8-1979 all the accused persons namely Buddhu, Har Kishan, Natthu and Chhotu came at the house of Sukhram and caught hold of Smt. Parmeshwari who was sleeping in the courtyard. Sukhram and other witnesses were also sleeping there. On the cries of Smt. Parmeshwari the witnesses were awakened and noticed that Buddhu accused was having a gun while other accused were holding spears and they were assaulting Smt. Parmeshwari. When they tried to save her accused persons assaulted Sukhram P.W. 1 as also his sons Ram Pal P.W. 2 and Ram Kumar and his wife Smt. Bhuria. The accused assaulted them with the barrel of gun and those holding spears used the weapons from both the sides i.e. from the pointed end and from the stick side. Buddhu also fired one shot in air to threaten the witnesses and they took Smt. Parme-shwari towards South. Smt. Parmeshwari was then killed in the field of Peer Bux. On the shrieks of the deceased and the injured witnesses Shyam Lal P.W.3 and others residing in the neighbourhood also collected and saw the incident. It is said that at the time of incident a lantern was burning in the courtyard and during the course of incident Ram Pal P.W. 2 set fire heap of 'Phoos' kept at a distance of 20 paces from the courtyard. The accused persons were identified in the said sources of light. After the incident was over Sukhram and others went to the field of Peer Bux and found Smt. Parmeshwari lying dead there, Due to fear. Sukhram could not go to the police station during night hours and he went to the police station Afzalgarh in the morning and dictated an oral report Ex. Ka-6 at 7.30 A.M. which was reduced to writing in the check register. Dr. Mohan Lal Sharma P. W. 5 examined the injuries of Sukhram on 29-8-1979 at 8.30 A.M. and found following injuries : 1. Lacerated wound 3cm x 8cm x brain deep on the fore head 3.5cm above to the median level of right eye brow ; 2. Contused wound 3cm x 1/2cm at the Anterior surface of right leg 4 cm below to the interior border of the patellae of right knee joint ; 3. Abrasion 4cm x 1/2cm on the Anterior surface of right leg 12cm below to the interior boarder of the patellae of the left knee joint ; 4. Abrasion 1cm x 1/2cm on the Anterior surface of left leg 3cm below to the interior border of the patellae of the left knee joint ; 5. Traumatic pain in right fore arm no clear injury mark was seen.