BHAGONA Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. There are seven ap pellants, namely, Bhagone, Ratan Singh, Gaya Din, Kishore Singh, Pooran, Ram Dayal and Chandrabhan. They have preferred this appeal against the judgment and order dated 6th December, 1980, passed by Sri S. P. Lai, the then III Additional Ses sions Judge, Jalaun at Orai in Sessions Trial No. 60 of 1979. All of them have been con victed under Section 147,1. P. C. , 148,1. P. C. , 3071. P. C. read with Section 149,1. P. C. and 3021. P. C. read with Section 149,i. P. C. and sentenced to undergo one year's rigorous imprisonment, two years' rigorous im prisonment, ten years' rigorous imprison ment and life imprisonment for the aforesaid offences respectively.

(2.) THE incident occurred on 25-2-1978 at about 8 a. m. in village Amita, Police Station Ail. District Jalaua. THE report was made by Khachere PW 1 the same day at about 10. 30 a. m. THE distance of the Police Station from the place of occurrence was five kilometers. THE prosecution case was that the informant resided in village Amita and on the fateful day at about 8 a. m. he was preparing fodder for his cattle outside his house. THE appel lants Bhagone, Ram Dayal Gaya Din, Ratan Singh, Kishore Pooran and Chandra Bhan came over there armed with axes and lathis and questioned him as to why he had fixed a door-frame in the new wall Bhagone cried aloud hurling abuses that his door frame be displaced and thrown away. Ratan struck an axe blow on his neck. He raised shouts which attracted Dhan Singh, Ganga Prasad, Ram Charan and Shyam Lal. THEy intervened, Bhagone struck, an axe blow on the head of Dhan Singh as a result of which he sustained serious injuries. THE remaining accused (Appellants) caused injuries to Ganga also with axe and Dandas. THEy also dis placed and threw away his door frame and other materials. It was mentioned in the First Information Report that persons on his side also threw tiles in self defence, which might have hurt someone.

(3.) IT appears that a cross First Infor mation Report Ex. Kha 5 was lodged by Bhagone accused on 25-2- 1978 itself in which Khachere PW 1, Dhan Singh, Bal Ram, Raghuraj, Shyam Lal, Ganga Prasad, Ram Charan and Jiya Lal were named as accused. The counter version was that on the fateful day at about 8 or 8. 30 a. m. Khachere PW 1 and Balram were displac ing the bricks of his wall and were throwing the same. When he questioned them, they along with others named above attacked with axes. On his shouts Kishore, Chandra Bhan, Ram Dayal, Bharose and Ram Gopal rushed and intervened, but injuries were caused to Ratan Singh, Chandra Bhan, Bhagone and Kishore by the above named persons by axes and lathis. As Ratan had sustained serious injuries, he had directly been taken to the hospital by the villagers.