NAGAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 7.5.1979 passed by the Turd AddI. Sessions Judge, Ballia, by which the appellants Nagar Singh and Rajdeo Singh were convicted under section 302, I.P.C. read with section 34 I.P.C. and were sentenced to imprisonment for life. Besides the two appellants, eight other accused were also tried in the same sessions trial but they were acquitted.

(2.) The case of the prosecution is as under Complainant Murlidhar Yadav is resident of village Pakaria alias Nawapura. His cow had come in heat on 27.3.1975 and was taken by his brother and uncle to the eastern side of the village where other cattle of the village were grazing and a public bull of Sarai Bharati was also present, His brother and uncle wanted to bring the cow and the public bull to the village but accused Mangala Singh objected to it. This was resented by the a complainants brother and uncle on which exchange of words took place between them. Mangala Singh went towards his village after giving threats and the complainant's brother and uncle brought the cow and the bull to their house Shortly thereafter, accused Nagar Singh and Rajdeo Singh, Mangala Singh, Ram Bachan, Brahma Deo Singh, Sheo Shanker Singh, Pakildeo Singh, Babu Lal Singh, Kuber Singh and Mahendra Singh, all residents of village Nawapura, came to the village of the complainant armed with lathis and spears. They wanted to take away the bull but it was strongly opposed. However the village people intervened in the matter and then they started returning to their own village. Complainants uncle Shri Kishan Ahir, who had taken the cattle for grazing was returning to his house at about 4 p.m. The aforesaid ten persons (accused) met him on the road near the crossing of the railway line and exchange of words and abuses took place between them. Thereafter all the accused chased him and surrounded him towards the west of the road going towards Sarai Bharati and, thereafter, started assaulting him. Accused Nagar Singh and Sheo Shanker Singh assaulted him with spears and accused Rajdeo Singh assaulted him with lathi. On the alarm raised by Shri Kishan the complainant Muralidhar, his brother Jai Mangal and uncle Radha rushed to save him but the accused surrounded them and assaulted them with lathis. Shri Kishan received spear injury in his abdomen and fell down. Thereafter the accused ran away. MurlidharYadav lodged a written First Information Report of the incident at 5.30 P.M. on 27.3.1975 at P.S. Rasra which is four miles from village Nawapura. On the basis of the F.I.R. lodged by Murlidhar a case was registered as Crime No. 84 under sections 147, 148, 149,307, 324, and 323 I.P.C. against the ten accused named in the F.I.R.

(3.) In the incident four persons, namely, Shri Kishan, Murlidhar, Radha and Jai Mangal received injuries. They were medically examined between 6 and 6.10 P.M. on 27.3.1975 in the government hospital, Rasra, Shri Kishan Ahir succumbed to his injuries at 1.30 P.M. on 29.3.1975 in the district Hospital, Ballia. Thereafter the case was converted into one under section 302, I.P.C.