LAWS(SC)-1978-9-29

MAHESH CHANDRA Vs. STATE OF UTTAR PRADESH

Decided On September 15, 1978
MAHESH CHANDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) For causing the death of one Nanhu Mal, a resident of the town of Jhansi, six other residents of that place, namely, his sister's son Ramji Lal, Mahesh Chandra, Jagdish alias Panda, Phool Ghand, Lalji alias Ajai Kumar and Brij Kishore were tried by the First Additional Sessions Judge, Jhansi. In consequence, Brij Kishore accused was acquitted of the charge while Ramji Lal accused was convicted of the offences under Section 302. Section 148 and Section 323 read with Section 149 of the Indian Penal Code for which he was awarded the sentences of death, rigorous imprisonment for two years and rigorous imprisonment for 4 months respectively. The other four accused were convicted of offences under Section 302 read with Section 149, Section 323 read with Section 149 and Section 147 of the Code, the sentences r warded to them on the three counts being imprisonment for life, rigorous imprisonment for one year and rigorous imprisonment for 4 months respectively. The sentences of imprisonment in the case of each of the convicts were directed to run concurrently.

(2.) The five convicts challenged the judgment of the learned Additional Sessions Judge, which was dated the 2nd of November 1970, in five separate appeals instituted before the Allahabad High Court, a Division Bench of which acquitted Jagdish alias Panda and Phool Chand of the charge in its entirely. The conviction of Ramji Lal under Section 302 of the Indian Penal Code and that of his co accused Mahesh Chandra and Lalji for an offences under that section read with Section 149 of the Code was converted by the High Court to one under Section 326 read with Section 149 thereof and each one of them was sentenced to rigorous imprisonment for six years on that count, while their conviction in respect of the other offences and the sentences awarded to them in that behalf by the learned Additional Sessions Judge was maintained, with a direction that all the sentences shall run concurrently. Out of them only Mahesh Chandra has challenged the judgment of the High Court, which is dated the 5th of October 1971. in this appeal by special leave. It may also be stated here that Lalji accused is now dead.

(3.) The prosecution case may be stated thus. On the night between 5th and 6th of April 1969, Ramji Lal and Mahesh Chandra accused gave a beating to the deceased with hockey sticks, hurled abuses at him and threatened him with death. The incident was made the subject-matter of a report (Ex. Ka. 2/2) which was lodged by Nanhu Mal at the Jhansi Kotwali police station on the same night. He was medically examined by Dr. R. Arora (PW 22) at the District Hospital Jhansi at 2.50 a.m. next morning and was found to have suffered an abraded contusion on the left side of the head, a contusion on the left side of the face and an abrasion on the back of the right elbow.