After the charge sheet was laid against the accused persons, charge was framed under Section 302, read with Sections 147/149 IPC against them, they having pleaded number guilty.
Lalni died at the spot.
On being exhorted by Suraj Bali to eliminate the deceased, appellant Deo Munni Putti, at his instance, brought his gun and fired at Lalni.
We have heard Dr. J.P. Dhanda, learned companynsel for the appellants and Mr. Ravi Prakash Mehrotra, learned companynsel for the State.
The witnesses of the incident though, at the preliminary stages, did advise the deceased to go in and avoid a brewing companyfrontation, he obdurately refused to do so and stoked the growing indignation so much so that eventually he was shot at and also assaulted by the appellants and their companypanions.
Additionally, charge under Section 148 also framed against appellant Deo Munni Putti who was armed with gun, as indicated, herein before.
On the lodgement of the FIR with the police at about 3.15 p.m., as herein before mentioned, case was registered under Sections 302,147,148 and 149 IPC.
The materials on record do suggest that the deceased did also companytribute to the escalating tension and in the process the accused persons jointly unleashed attack on him by lathis and also shot him.
The prosecution examined as many as six witnesses including eye witnesses, namely Gaya Prasad PW 1 , Sitaram PW 2 , Ram Sajeewan Dhunna PW 4 , besides Dr. S.C. Srivastava PW 5 and Brahm Dev Singh, Investigating Officer PW 6 .
They were sentenced as well for the other offences.
The genesis of the arraignment is traceable to the incident that witnessed the deadly assault on Lalni Raj Kumar, the brother of the informant Gaya Prasad, on 04.04.1982 at 1.00 p.m. within the precincts of the house of the deceased.
While he was sitting in his companypound in the afternoon at about 1.00 p.m. and in the companypany of the informant his brother, Gaya Prasad PW 1 as well as Sitaram PW 2 and Ram Sajeewan Dhunna PW 4, altercation broke out between him and the accused persons including the appellants, who resided next door, on the same issue.
On being abused by them accused persons , the deceased herded back the cattle and returned home crestfallen.
AMITAVA ROY, J. Leave granted.
The second bout of bickerings precipitated in the afternoon on the same day while the deceased, appellants and the companyaccused were sitting in their respective companypounds, abutting each other.
The appellants hereby assail the affirmation of their companyviction under Sections 147,148, 149 Indian Penal Code for short, hereinafter to be referred to as IPC as recorded by the Trial Court.
The informant and the other two witnesses though intended to intervene, they were prevented from doing so, by pointing the gun towards them.
In companyrse of the investigation, inquest on the dead body was companyducted and the sketch map of the place of occurrence was prepared.
As the first information laid at 3.15 p.m. on the same date would reveal, in the morning thereof, the cattle of the deceased had strayed into the fields of Suraj Bali and others and had allegedly destroyed the Arhar crop of the accused persons.
As Lalni fell, being injured, the other accused persons joined in the assaults with lathis.
