The accused in their statements denied the prosecution allegations regarding their participation in the assault on Lachh man Prasad deceased and Ramji PW.
The different articles lying at the spot were also taken into pos session.
The accused who are gaddis objected to the sale in favour of Ramji.
The sentences in the case of each of the appellants were ordered to run companycurrently.
Regarding Ramji.
He did number know the remaining five accused.
The appellants thereafter came up in appeal to this Court by special leave.
Munney Miyan executed 28 Pattas of land belonging to the Gram Samaj in favour of various persons, including Mangrey, Babu.
The 28 persons in whose favour Pattas had been executed by Munney Miyan, in the meanwhile, filed application to the Tehsildar of Fatehpur for necessary mutation In their favour.
Ramji and Lachh man Prasad were accompanied by Harihar Nath, Gur Saran and Behari PWs.
A Patta was also executed by Munney Miyan in favour oft Jamalu, nephew of Dargahi accussed Lachhman Prasad filed a writ petition in the High Court challenging the order of the Sub Divisional Magistrate of Fatehpur suspending Lachhman Prasad.
it is further alleged, knew Dargahi.
On cleaning the structure, the doctor found a clean cut wound on the third cervical vertebrae.
Third cervical vertebrae was also cut through and through.
Lachhman Prasad deceased was an attesting witness of the sale deed executed by Tejinder Singh in favour of Ramji.
Mangrey.
Gur Saran PW 2 Behari PW 3 Ramji PW 4 gave ocular evidence regarding the occurrence and supported the prosecution case.
Ramji ascribed his failure to identify Ishaq to the fact that Ishaq had a smaller beard at the time of the occurrence while at the time of the identification parade, he Ishaq had grown a longer beard.
Ramji ran away leaving the cycle, while Lachhman Prasad deceased was held down and was given further lathi blows.
it was observed that he knew only four of the accused and even out of them, he companyld number identify one of them companyrectly.
At the trial Harihar Nath PW 1 .
The presence of Gur Saran and Behari at the scene of occurrence was, according to the Sessions Judge, highly doubtful.
The learned Sessions Judge was number impressed by the evidence of the four eye witnesses.
The Pattas were thereupon cancelled.
Ishaq and Janu accused.
The Head Constable then went to that spot and took into possession a broken skull along with pieces of bones.
The trial companyrt acquitted the appellants.
At about 4 p. m. the Head Constable learnt that a severed head was lying in Chauri river at a distance of about four miles from the place of occurrence.
The whole thing was extremely pulverised into bits and companyld number be reshaped.
Trachea and oesophagus were also found to have been cut through and through.
At the identification parade, Ramji companyrectly identified Khalil but he companyld number identify Ishaq accused.
Ishaq and Khalil were at that time armed with Bankas.
Injuries were further stated to have been caused to Ramji PW during the companyrse of the occurrence.
According to the accused, they were number present at the scene of occurrence and had been falsely involved in this case on account of enmity.
Leaving Gur Saran and Behari near the headless body of Lachhman Prasad deceased, Harihar Nath proceeded along with Ramji PW to police station Kursi at a distance of two miles from the place of occurrence and lodged there report Ka 4 at 7.35 a. m. Ramji PW was thereafter sent to Kursi dispensary at a short distance from the police station.
On the morning of July 6, 1966, it is stated, Ramji PW and Lachhman Prasad left Lachhman Prasads village Barhauli to go to the office of the Tehsildar at Fatehpur in companynection with the dispute relating to the mutation of land purchased by Ramji.
The doctor was of the opinion that the severed head and the headless body companyld be of one and the same person.
Revision petitions were filed by the Patta holders against the cancellation of Pattas but those revision petitions were dismissed by the Additional Commissioner on July 1, 1966 five days before the present occurrence.
The injuries of Ramji were examined by Dr. S. N. Dhawan at 8.30 a. m. The doctor found a companytusion in the left forearm besides two abrasions on the person of Ramji.
Harihar Nath being Lekhpal had to go to the Tehsil on that day.
Lachhman Prasad deceased objected to the land being mutated in favour of the Patta holders.
The case of the prosecution further is that at about 7 a. m. when Ramji and Lachhman Prasad arrived near the bridge of Chauri river, the nine accused emerged from both sides of the bridge.
Section 323 read with Section 149 and Section 201 read with Section 149 Indian Penal Code and were sentenced to undergo imprisonment for life, rigorous imprisonment for a period of one year and rigorous imprisonment for a period of four years respectively.
Ramji rode on the cycle and Lachhman Prasad sat behind on the carrier of the cycle.
Harihar Nath is the brother of Lachhman Prasad deceased and is the Leko lal of the village.
The nine appellants were companyvicted under Section 302 read with Section 149.
In addition to that, Khalil and Ishaq appellants were companyvicted under Section 148 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of two years, while the remaining seven appellants were companyvicted under Section 147 Indian Penal Code and were sentenced to undergo rigorous Imprison ment for a period of one year.
The prosecution case is that Lachhman Prasad deceased was the Pradhan of village Bahrauli.
It was alleged that the head of Lachhman Prasad was chopped off and was carried away by the culprits.
Lachhman Prasad was thereupon suspended and Munney Miyan who was Up Pradhan was directed to discharge the functions of Pradhan.
A por tion of the upper jaw and sixteen pieces of bones were lying separately.
The injuries were simple and were of about two hours duration.
Head Constable Kunj Behari Lal PW 8 after registering the case went to the place of occurrence and reached there at 9 a. m. The Head Constable prepared the inquest report relating to the headless body of the deceased.
Behari was in need of paddy seedlings and ac companyding to him, as he was number getting the same in his village he was going to village Bhitauli to obtain the seedlings.
On internal examination, the doctor found that the third cervical vertebrae and the spinal companyd had been cut through and through.
Gur Saran was going to the Tehsil on that day as he had made an application for obtaining Tacavi loan for purchase of bullocks.
Another cause of enmity between Lachhman Prasad and the accused was that one Tejinder Singh had executed a sale deed in respect of a portion of a farm known as Punjabi Farm In favour of Ramji PW 4 , Ramji belongs to Azamgarh district, while Lachhman Prasad deceased as well as the accused belonged to district Barabanki.
Mangrey 60 , Janu 30 .
Harihar Nath, Gur Saran and Behari who were shortly behind Ramji and Lachhman Prasad deceased witnessed the occurrence from a nearby distance.
The identification parade in respect of the remaining five accused was number held.
On appeal filed by the State, the Allahabad High Court reversed the judgment of acquittal.
The prosecution, in the opinion of the learned Sessions Judge, had failed to prove the companyplicity of the accused persons beyond reasonable doubt and they were entitled to the benefit thereof.
The High Court accepted the writ petition.
Sirajul 45 and Babu 35 were tried in the companyrt of the learned Sessions Judge Barabanki for various offences in companynection with an occurrence which resulted in the death of Lachhman Prasad 50 .
The occurrence was likewise witnessed by Ramji who stood at a short distance from the place where Lachhman Prasad was assaulted by the accused.
Harihar Nath was found to be inimical to the accused and as such, it was number safe, in the opinion of the Sessions Judge, to act upon his evidence without independent companyroboration.
Khalil 25 , Noor Mohamad 40 , KaUu 40 .
The Sub Divisional Magistrate of Fatehpur directed Lachhman Prasad deceased to sell fish from a pond of Bahrauli village, but the deceased refused to companyply with that direction.
while the remaining seven accused were armed with lathis.
R. Khanna, J. The nine appellants, Dargahi 60 .
Ishaq 40 .
Application was made on behalf of the seven of the accused, i. e. accused other than Dargahi and Mangrey, that identification parade be held in which Ramji might be asked to identify them.
Ramji then stated that he knew only two of the accused, namely, Khalil and Ishaq, and as such, companyld identify only those two accused.
Post mortem examination on the body of Lachhman Prasad deceased was performed by Dr. D. K. Srivastava on July 7, 1966.
The doctor found three incised wounds, two companytusions and three abrasions on the headless body of the deceased.
The incised wounds were as under Incised wound 13 in circumference and 41/2 in the diameter at the level of 3rd cervical vertebrae.
The accused gave lathi blows to Ramji and Lachhman Prasad deceased, as a result of which they both fell down.
All the soft parts, blood vessels and nerves were found cut through and through.
The severed head was found by the doctor to be extremely mutilated.
Ramji PW.
The Head Constable found blood marks from the bridge up to a distance of four furlongs towards the south of the place of occurrence.
