BHARAT KUMARS Vs. STATE

JUDGEMENT

(1.) Heard Sri A.B.L. Gour, Senior Advocate, assisted by Sri Prabhat Agarwal, Advocate, Counsel for the appellants and Sri Rajesh Mishra, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 09.03.1984 passed by Special Judge (Dacoity Affected Area), Hamirpur in Sessions Trial No. 303 of 1980 (State vs. Bharat Kumar and others), convicting and sentencing the appellants. Appellant no. 1, Bharat Kumar, has been sentenced to imprisonment for life under Section- 302 I.P.C. He has further been found guilty of offences punishable under Section 325 I.P.C., read with Section 149 I.P.C. and has been sentenced to undergo one year's rigorous imprisonment under Section aforesaid. Six months imprisonment under Section 323 I.P.C read with Section 149 I.P.C. has also been awarded to him. Appellant nos. 2 to 6, namely, Lakhan Lal, Siddha Gopal, Ram Asrey, Lakchhami and Ram Sewak, have been found guilty of offences punishable under Section 302 I.P.C., read with Section 149 I.P.C., and have been sentenced to imprisonment for life under Section 302 I.P.C., read with Section 149 I.P.C. Each of them have been further found guilty of offences punishable under Section 323 I.P.C., read with Section 149 I.P.C. They have been sentenced to undergo one year's rigorous imprisonment and six month's rigorous imprisonment for the aforesaid offences. All the sentences of all the accuseds are to run concurrently.

(3.) The prosecution case, in short, is that the informant, Jagpal, made a report at Police Station- Muskara, District- Hamirpur, stating that on 14.07.1980 at about 6:30 am Jagdamba and Ram Kishan were taking their cattle for grazing and when they reached the agricultural plot of Siddha Gopal on the chak road, Bharat Kumar, Siddha Gopal, Ram Asrey, Lakhan Lal, Lakchhami and Ram Sewak, were near their field on chak road. Bharat Kumar was armed with gun and the others were having lathis. They prevented Ram Kishan and Jagdamba from taking their cattle through the chak road which resulted in hot exchange of words. Thereafter, the informant also reached the scene of incident. Appellants, Siddha Gopal, Ram Asrey, Lakhan Lal, Lakcchami and Ram Sewak, started beating us by lathis when Bharat Kumar fired on the head of Jagdamba Prasad by his gun and he fell down and died. Eye-witnesses, Jamuna son of Baura Ahir, Prabhu and Shambhu sons of Parvat Ahir and other villagers were present on the spot and saw the incident. The accused ran towards Tajari.