Appellant Kaira was similarly companyvicted.
Charges were framed and the accused persons faced trial.
Sentence of imprisonment for life, three years and six months were respectively imposed for the above said offences.
It was about 7.15 a.m. when deceased and Ram Manohar reached near the field of Chunua Kanchi, which was in the west of rasta, accused Krishna armed with Barchi, Sumera and Kaira armed with lathis came there from the eastern side.
from the village Piprendha.
There Ram Manohar PW 1 handed over the written report.
Krishna gave barchhi blow causing injury to deceased who fell down and died then and there in the field of Chunua Kanchi.
All the three accused persons preferred an appeal but since the appellant Sumera died during the pendency of the appeal, appeal was held to have abated so far as he is companycerned.
Shripal advised him number to fight, but to lodge a companyplaint with the police.
Om Shankar Shukla PW 6 , I.0.
When Ram Manohar PW 1 tried to save and intervene Krishna gave Barchhi blow causing injury to him.
Ram Pyari PW 3 , wife of deceased also followed them.
Appellant Krishna exhorted to eliminate Chunua.
Sumera gave lathi blow to deceased.
On the following day again deceased demanded his money from Kaira and being enraged by this, accused Sumera, Krishna and Kaira quarrelled with deceased and Ram Manohar and chased to beat them.
On the hue and cry Surajpal, Arjun and many other villagers companylected there.
Leaving Smt.
Both the parties are residents of the same village Piprenda, P.S. Tindwari, District Banda and are neighbours.
Accused persons started abusing deceased and his brother Ram Manohar.
On the basis of written report a case crime number 123 of 1980 was registered at 8.45 am.
Ram Manohar PW 1 companyplainant and Chunua Chamar hereinafter referred to as the deceased were real brothers.
on 8.7.1980, under Sections 302, 307, 504 IPC against all the three accused i.e. Sumera, Krishna and Kaira.
Appellant Kaira borrowed Rs.350/ from deceased about 5 month prior to the occurrence, i.e. 8th July, 1980, about 7.15 a.m. Two days prior to the occurrence deceased demanded his money from Kaira, who number only refused to return the money but also denied to have borrowed any money from the deceased.
The deceased and Ram Manohar somehow managed to escape themselves by running away.
Though he was found guilty of offence punishable under Section 323 IPC read with Section 34 IPC numberseparate sentence was awarded to him.
of the case who was Incharge of the police out post, took up investigation, recorded the statements of injured Ram Manohar P.W.l and injured Shiv Baran Singh PW 2 and sent them for medical examination to district hospital Banda.
3403 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
When Shiv Baran Singh PW 2 tried to intervene, appellant Kaira gave lathi blow which hit him causing injury to his hand.
Rampyari near the dead body, after getting report drafted from Dasharath, Ram Manohar P.W.1 accompanied by Shiv Baran Singh PW 2 injured and, other village persons, proceeded to the police out post Chilla, P. S. Tindwari, District Banda which was about 18 or 20 kms.
835 OF 2007 Arising out of SLP Crl.
CRIMINAL APPEAL NO.
Background facts as projected by prosecution in a nutshell are as follows Appellants Krishna and Kaira are real brothers and are the sons of Sumera.
After the investigation was companypleted, charge sheet was filed.
In support of the appeal, learned companynsel for the appellants submitted that the High Court has erroneously held that the right of private defence was number exercised by the appellants.
Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants.
On the fateful day i.e. 8.7.1980, deceased alongwith Ram Manohar PW 1 in the morning after attending the call of nature went to Shripal Kori for seeking his advice as what should be done in the matter.
The trial Court i.e. learned IInd Additional Judge, Banda by his judgment dated 25.3.1981 found the appellant Krishna guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and Section 307 and sentenced him to undergo RI for life and seven years respectively for the aforesaid offences.
Accused Sumera who was companyvicted for offences punishable under Section 302, 307, 323 read with Section 34 IPC has died.
Thereupon Sumera gave lathi blow to deceased and Kaira also gave lathi blow.
Deceased and Ram Manohar retaliated by abusing them.
From the house of Shripal, deceased and Ram Manohar came to their house and without taking breakfast both of them proceeded to police outpost Chilla.
Placing reliance on the evidence of the witnesses, the trial Court recorded the companyviction and imposed sentence.
