- (1.) U. S. Tripathi, J. The above criminal appeals and criminal revision have been preferred against the judgment and order dated 30-6-1980 passed by 1st Additional Sessions Judge, Basti in Sessions Trial No. 231 of 1978 convicting appellants Tribhuwan Singh and Jagdish Singh under Sections 302, 323, 148 and 342 IPC and sentencing each of them to undergo imprisonment for life under Section 302 IPC, Six months R. I. under Section 323 IPC, Nine months R. I. under Section 148 IPC and Six months R. I. under Section 342 IPC and convicting appellants Laxmi Singh, Mannu Singh @ Abhimanyu, Vijaee Singh, Kali Charan, Ranjit Singh, Ghotai Singh, Jai Ram Singh, Sureman Singh, Harihar Singh, Bhuwar Singh, Rang Lal Singh, Ram Dihal, Raj Kishore, Ambika Singh, Tane Singh, Faujdar Singh, Rudal Singh, Srikan Singh and Ram Awadh Singh under Sections 148 and 342 IPC and sentencing each of them to pay a fine of Rs. 100 and of Rs. 50 on each count. In default of payment of fine, they were further sentenced to undergo R. I. for a period of one month and 15 days respectively. The appellant Ranjit Singh was further convicted under Section 324 IPc and sentenced to pay a fine of Rs. 100, while appellant Jai Ram was further convicted under Section 323 IPC and sentenced to pay a fine of Rs. 50. In default of payment of fine, they were further sentenced to undergo R. I. for a period of one month and 15 days respectively.
(2.) THE complainant Subhash Rai has preferred criminal revision No. 1409 of 1980 against the acquittal of above appellants under other Sections. The prosecution story, briefly stated, was that all the appellants were residents of village Parasahar, P. S. Ghanghata, District Basti, while Subhash Rai and prosecution witnesses were residents of village Goreya Ghat, P. S. Mahuli, District Basti. River Kuwano was flowing in between the villages Parasahar and Goreya Ghat. Village Parasahar was situate on the eastern side of the river, while village Goreya Ghat towards western side. In front of village Parasahar the river was flowing by bifurcating into two streams. In between the two streams of the river sand was left. There was a custom that residents of particular village would own the sandy part of the river in whose village territory it was left and income/rent from the land had to go to Gram Samaj of the concerned village. In the year 1977, the sand of river Kuwano was left towards village Goreya Ghat. It is alleged that Gram Samaj of village Goreya Ghat had auctioned the said land in favour of Ram Pat and Ram Milan, who had sown water melon crop over the said land. But the people of village Parasahar wanted to forcibly realize income of the said land. A Panchayat was convened in this regard on 17. 05. 1977 and it was decided that on 24. 05. 1977 again Panchayat would be convened in which it would be decided on the basis of measurement in territorial limit of which village the above land was lying.
(3.) ON the morning of 19. 05. 1977 at about 10 a. m. the people of village Parasahar armed with Lathi, Pharsa, spear and gun came to the said land and forcibly started plucking water melons. The persons of village Goreya Ghat went there and objected the persons of village Parasahar from plucking water melons. But appellants Jagdish Singh and Tribhuwan Singh, who were armed with guns exhorted the persons of village Goreya Ghat and started firing from their respective guns. The remaining appellants and Bansraj (since dead) started wielding Lathi, Ballam and Pharsa, due to which Balram Rai, Subhash Rai, Harihar Rai, Vijai Nath Rai, Ramdhir Rai, Rajender Rai, Sheet Basant, Bahal, Parag, Nagai Ram, Ram Ashish Rai, Vibhuti Rai and wives of Mohan Rai, Nagai Rai, daughter of Kadir and wife of Balihari, who were taking bath in the river Kuwano sustained injuries. The appellants and Bansraj chased the persons of village Goreya Ghat up to abadi of said village and on arrival of other persons of the village, they took away Subhash Rai and Girja Rai, who had sustained gun shot injuries and were lying on sand of the river. Balram Rai, who was injured was taken to his house, but after sometimes he died. Persons of village Goreya Ghat also plied Lathis in their self defence. Sureman Rai of village, Goreya Ghat got prepared report (Ext. Ka-1) of the occurrence from Ram Singh and lodged the same at police station Mahuli at 12. 30 p. m. ON the basis of above written report, a case was registered against the appellants and Bansh Raj under Sections 147, 148, 149, 307, 324, 342, 302 and 323 IPC. Investigation of the case was taken up by Sri Rama Kant Upadhyaya, I. O. (P. W. 12 ). He reached the spot and conducted inquest of the dead body of Balram Rai and sent the dead body for post-mortem. Thereafter, he interrogated other witnesses and went to village Parasahar to rescue Girija Rai and Subhash Rai, where he was informed that police of P. S. Ghanghata was present and had sent the above persons for medical examination. The I. O. inspected place of occurrence, prepared site plan and took into possession blood stained and simple earth and also collected blood stained and simple earth from the house of Balram Rai.;