Dinesh Kumar Singh, J. - (1.) Heard Sri P.C. Srivastava, Advocate assisted by Sri M.P. Tiwari, learned counsel for the appellants and Sri Pawan Shukla, learned A.G.A. for the State.
(2.) This criminal appeal has been preferred by the accused-appellants Guljari Lal, Madan, Virendra, Ravi Shankar and Dori Lal against the judgment and order dated 20.9.1983 passed by Special Judge/Additional Sessions Judge, Bareilly in S.T. No. 476 of 1981, whereby accused-appellant Virendra has been convicted and sentenced under Section 302 IPC with life imprisonment; accused-appellant Guljari Lal, Madan Lal, Ravi Shankar and Dori Lal have been convicted under Section 302 read with Section 149 IPC and sentenced with life imprisonment; accused Virendra has been convicted under Section 148 IPC and sentenced with one year rigorous imprisonment and other accused have been convicted under Section 147 IPC and sentenced with six months rigorous imprisonment and all the above accused-appellants convicted under Section 323 read with Section 149 IPC and sentenced with three months rigorous imprisonment. It is further directed that all the sentenced shall run concurrently.
(3.) In brief the case of the prosecution as disclosed in the F.I.R. is that informant Deena Nath (PW-1) s/o Mahadev Mistri, resident of village Ladhi Bazar, P.S. Gorya Kodhi, District Siwan, State of Bihar, was working as fireman in North-East Railway Loco Shed, Bareilly city and was living in old Loco Colony in Quarter No. L/2-A. Accused Guljari Lal was employed in N.E. Railway Workshop, Izzatnagar and was also living in the said colony in Quarter No. L/4B. About 7-8 months ago, Guljari Lal and his sons had beaten Balram Singh of the District of informant, whereon the informant had dissuaded him from indulging in such kind of high-handedness, since then they were inimical towards him. At about 10:00 pm, Guljari Lal called informant at his home and when informant reached near his quarter, he found Guljari Lal and his sons namely, Madan, Virendra, Ravi Shankar and his relative Dori Lal present there; Guljari Lal told informant that he was defaming his sons. At this informant rebutted and stated whom he had stated about it, right then, Guljari Lal instigated "pakad lo aur maro", then all these accused started assaulting him and when informant raised alarm, Sri Ram Abhilakh Singh S/o Dal Bahadur Singh and Shivnath S/o Shiv Mangal, rickshaw puller and Sudama Singh S/o Sri Chandraraji Singh and his wife Smt. Radha Rani and many other persons of the Mohalla had arrived there and Sudama Singh tried to save him from being beaten, then Guljari Lal told that he is expressing too much sympathy, let him be taught a lesson first and then Virendra taking out his knife ran to assault him, then informant and Sudama Singh fled from there, but all these accused caught hold of Sudama Singh in the lane adjacent to the quarter of Basant and was thrown down and Virendra made a blow by knife at the neck of Sudama Singh. When Smt. Radha Rani rushed to save him, Madan and Dori Lal had thrown her down by which, she received many injuries. This occurrence was seen by witnesses in the light of bulb, which was there on the Pakad tree. Sudama Singh became unconscious and blood sprang out and when the people challenged the accused, they fled towards quarters. Sudama Singh and Smt. Radha Rani were taken to Government Hospital in injured condition on a rickshaw, therefore, informant prayed that a report be lodged and an action be taken against the guilty persons.;