H.P. Asthana, J. - (1.) KALLU and Phula are brothers and sons of one Sujan. Reoti is the uncle of Kallu and Phula. They were all charged under Sections 304/34 and Sections 323/34 I.P.C. for causing the death of one Liladhar by beating him with lathis and simple hurt to his father Ramjit in furtherance of their common intention on the 10th July, 1950 at about 2 or 3 P.M. in village Suchawali, P.S. Akrabad, District Aligarh. The learned Sessions Judge found Kallu and Phula guilty under Section 304/34 I.P.C. for causing the death of Liladhar and convicted them of it and sentenced Kallu to 5 years' rigorous imprisonment and Phula to 3 years' rigorous imprisonment. They were acquitted of the charges under Section 323/34 I.P.C. for causing simple hurt to Ramjit. Reoti and Sujan were acquitted of both the charges. The present appeal has been filed by Kallu and Phula against their conviction and sentences.
(2.) ON the 12th July, 1950 Ramjit filed a complaint in the court of Shri Randhir Singh, Magistrate 1st class of Aligarh, against Kallu, Phula, Sujan and Reoti under Sections 307/323/506 I.P.C. He alleged in this complaint that there was a piece of land near his house which had been in his possession since the time of his ancestors and his laraoni stood on it and his cattle used to be tethered there; that the accused wanted to take possession of it by force and with this object in view they demolished the said laraoni on the 10th July, 1950 at about midday; that while they were demolishing the laraoni his son Liladhar prevented them from doing so; that thereupon they all started beating Liladhar with lathis; and that Liladhar fell down on receiving the lathi blows. It was further stated in the complaint that he intervened in the matter and tried to save his son and he too was beaten with lathis. Liladhar died in the hospital on the 17th July, 1950. After his death Ramjit made a report at Police Station Akrabad, which is at a distance of ten miles from village Suchawali, on the 19th July, 1950 at 9.30 a.m. against the four accused under Section 304 I.P.C. The dead body of Liladhar was sent to Aligarh for post mortem examination. Another report of the same occurrence had been made by the accused Reoti at Police Station Akrabad on the 10th July, 1950 at 8 p.m. against Ramjit, Lila, Mula and Naththa under Section 323 I.P.C. It was alleged in this report that the complainant had built a laraoni in front of his house with the permission of his zamindar; that Ramjit was his uncle's brother and had his house close by; that he cherished grudge against him and prohibited him from building the laraoni; and that at about 4 p.m. he demolished the laraoni of the complainant and when the complainant and his nephew prevented him from doing so all the accused mentioned above beat him and his nephew with lathis on account of which they had received injuries. It was also mentioned in this report that a complaint would be filed in respect of the occurrence later on. It, however, does not appear from the record that any complaint was subsequently filed by Reoti against Ramjit and the other three persons.
(3.) AFTER the report Sri Shanti Chand Mittal, Station Officer, Akrabad, went to the scene of the occurrence. He reached there on the 24th July, 1950. His explanation for the delay is that he was out of the police station when the report was made and came to know of it only when he returned there. He prepared the site plan (Ex. P -8) wherein he has shown the laraoni which was demolished and which led to the incident. He arrested the accused and after the necessary investigation submitted the charge sheet against them.;