- (1.) THIS Criminal Appeal has been preferred against the judgment and conviction dated 8-9-1981 passed by VI Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 256 of 1980, State v. Ram Deo and 7 others, Police Station Basgaon District Gorakhpur, holding appellant Ram Suchit @ Suchit guilty for offences under Sections 302, 148, 324, 323 read with Section 149 IPC and sentencing him to undergo life imprisonment and one year and six months RI each for above offences respectively and holdings rest of the accused appellants namely Mewa, Smt. Prabhawati, Smt. Murarti, Smt. Kawalbasia and Smt. Sanjira, guilty for offences under Sections 147, 323 read with Sections 149, 324 read with 149 IPC and directing them to furnish a personal bond and one surety each for keeping good behaviour for a period of two years.
(2.) AS per prosecution story, there had been some dispute between the families of informant Lalji on one side and his real brothers Shyamlal and Ramdeo, Mewa on other side with regard to property. Before bringing the version contained in the First Information Report on the record, it would be worth noting that except appellant Ram Suchit and Mewa, rest of the accused and informant Laljee and PW 2 Sitaram, deceased Jaglal and his wife PW 4 Smt. Phool Kumari are the members of the same family. AS per uncontroverted statement of PW 1 Lalji accused Mewa, Ramdeo, deceased Jaglal, Shyam Lal, Sita Ram were real brothers. They were the sons of one Ramrati. It is also not disputed that accused Smt. Prabhawati and Smt. Murati are the daughters of above Shyamlal brother of informant Lalji. Smt. Sanjira is the wife of above Ram Deo accused whereas Smt. Manbasiya is the wife of accused Mewa. This relationship has not been challenged. Ram Suchit @ Suchit and Ramrati accused are said to be the well wishes and supporters of rest of the accused persons. According to prosecution case, after above Ramrati's real uncle's wife. Smt. Janki died and her property was inherited by one Sarupiya who in her turn sold her that share of the joint property in favour of above Shyamlal. It is alleged that above Shyamlal intended to grab the entire property although only half share of the said property was sold to him. In this background of the matter when we make up the first information version, we find that above Shyamlal had filed civil suit for partition of his above property before the Court at Basgaon and the Court had fixed a date which was the date of this incident itself. Thus, the parties had strained relations on account of above disputes. The prosecution story is that on 3-3-1980, at about 8. 30 p. m. in village Harihar Bhasia under police station Basgaon, District Gorakhpur, informant Lalji and his brother deceased Jaglal were sitting at their door all the accused namely Ram Suchit @ Suchit armed with Ballam, Ramdeo and Rampati accused armed with Farsas, Mewa Smt. Prabhawati, Smt. Murati, Smt. Kewalwas and Smt. Sanjira armed with Lathis came there and attacked Jaglal causing injuries to him. It is alleged that Ram Suchit caused injuries by means of Ballam on the abdomen and chest part of above Jaglal, who died on the spot itself. Lalji, Phool Kumari, Sitaram, Jilewa Devi, Katwari tried to intervene but they also suffered injuries caused by the accused persons. They and other witnesses namely, Ram Surat, Triveni, Prahlad and other villagers witnessed this incident. On 4-3-1980 at about 5 a. m. a written report was lodged by Lalji at Police Station Basgaon. Police started investigation of the case on the basis of above report. All the injured were sent for medical examinations at the local hospital at Basgaon. After completing formalities and preparation of inquest report, dead body of deceased Jaglal was sent for post-mortem after completing investigation. SO, S. P. Rai, of Police Station Basgaon submitted charge sheet against all the accused under Sections 147, 148, 149, 302, 324, 323, IPC. Before the trial Judge, the accused person pleaded not guilty and they claimed to have been falsely implicated on account of enmity. In their statements under Section 313 Cr. P. C. accused Ramdeo and Smt. Prabhawati took the defence that the wheat crop shown by Smt. Prabhawati over her land which was purchased by her from Sarupia was standing when she received an information that the said crop was, being illegally harvested by Jaglal and others, she reached there and asked them not to harvest her crop. On this, Jaglal and his men beat her. Smt. Prabhawati stated in her defence that by using Hansiya (an implement for harvesting the crops) she tried to defend herself. Same is the defend of accused Ram Deo. Ram Suchit accused in his turn, took the defence that he reached on the spot seeing marpeet over the field with a view to intervene but he was also beaten by Jaglal and his men. The defence of all other accused is that it was informant's side who initiated marpeet, and that they (accused) defended themselves. According to the defence version incident took place in the wheat crop field of Smt. Prabhawati. Charges under Sections 148, 302, 324/149 and 323/149 IPC was framed against Ram Suchit @ Suchit by trial Judge whereas against accused Rampati and Ramdeo charges under Sections 148, 302/149, 324/149 and 323/149 IPC were framed against rest of the accused. Charges under Sections 147, 302/149, 324/149 and 323/149 IPC was framed by the trial Judge.
(3.) IN support of its case, prosecution examined PW 1 Lalji informant injured, who claimed to be an eye- witness of this incident, PW 2 is Sita Ram and other injured eye-witnesses, of this incident, PW 3 is Ramsurat an eye-witness, PW 4 is Smt. Phoolkumari widow of deceased Jaglal injured eye-witness, PW 5 is Basdeo Singh, Head Constable who is scribe of chick, First INformation Report and entries of GD of the case, PW 6 is Dr. P. N. Rai, Medical Officer, Primary Health Centre, Basgaon who medically examined Lalji Smt. Jileba, Smt. Phoolkumari and Smt. Katwari for their injuries, PW 7 is Dr. Ghanshyam Srivastava who completed autopsy of deceased Jaglal and prepared a report of the same, PW 8 is constable Istiyak Ahmad who carried sealed dead body for post-mortem. PW 9 is Sant Lal who has proved hand writing of SI Rakesh Rai on the site plan and case diary. The Court itself examined SI S. P. Rai who investigated the case partly and submitted a charge sheet, as a Court witness. The defence examined Harshdeo Rai, Record Keeper of the office of Superintendent of Police and DW 2 Dr. S. M. Shukla who medically examined accused Ram Suchit, Ramdeo and Smt. Prabhawati.;