Case: Kishan Chand  Vs. State Of U.P

Phool Chand (Accused No. 1) was a retired Army Officer. He was allegedly allotted some land bearing plot No. 596 at village Paigamberpur Hamlet, Jarganwan, title whereof was in dispute. He was in possession thereof but his right to make any construction thereupon was in dispute. His earlier attempt to raise constructions on the said land had met with resistance by the villagers. They made a complaint to the officers of the Tehsil. Before the police authorities, Phool Chand is said to have given an undertaking not to make any constructionWe may place on record that he had also intended to put up constructions earlier but did not succeed. Villagers were claiming their right to make common use the land in question, viz., for keeping Ghoor of the village folksOn 3.02.1978 at about 9 a.m., the said Phool Chand armed with a double barrel gun, his brother Kishan Chand (Accused No. 2) armed with a single barrel gun in the company Bhagauti (Accused No. 3), Badadin (Accused No. 4) and Sheo Prasad (Accused No. 5) who were said to have been armed with lathis came to the land in question. They started construction thereupon with the help of hired labourers. A large number of villagers assembled at the place. Accused were requested not to make any construction till the disputes between them were determined by the competent courtAmongst the villagers, Ram Asrey (since deceased), his son Mishri Lal (first informant), Hardev, Suraj Lal, Ram Singh, Ram Dass, Vishram, Ram Saran, Shiv Pal, Mohan Lal, Shiv Prasad, Umrao, Pyare, Ram Lakhan, Karam Ali and Ram Prasad were present. Allegedly, Phool Chand and others started abusing them. Mishri Lal and his co-villagers asked him not to do so. Accused Nos. 3 to 5, viz., Bhagauti, Badadin and Sheo Prasad, allegedly exhorted Phool Chand and Kishan Chand to shoot Mishri Lal and others whereupon Phool Chand ran towards the roof of the nearby Kothri owned by Mishri Lal and from the roof thereof, he started firing. Kishan Chand is also said to have fired from his gun. Ram Asrey standing at the Galiyara received a gun shot injury. He died at the spot. Mishri Lal and others also received firearm injuries. One of the persons, viz., Ram Harak who had also sustained gun shot injuries breathed his last in the hospital. On receipt of such gun shot injuries, the condition of Suraj Lal, Hardev, Mahan Lal, Ram Dass and Ram Singh allegedly became seriousMishri Lal son of the deceased Ram Asrey lodged a First Information Report at about 11.30 a.m. on the said date alleging death of Ram Asrey and Ram Harak at the hands of the accused persons and receipt of injuries by as many as 15 persons, viz., Mishri Lal, Pyare, Shiv Pal, Mohan Lal, Ram Dass, Suraj Lal, Ram Singh, Hardev, Karam Ali, Shiv Prasad, Umrao, Vishram, Prem Prasad, Ram Saran and Ram LakhanThe defence version in regard to the incident was that the Patta of the disputed land was executed in the name of Phool Chand in the year 1973.He allegedly had raised constructions on eastern and western wall. However, in the year 1977, i.e., after his retirement when he was going to construct his house thereupon, his attempt to do so was opposed by Mishri Lal, Hardev, deceased Ram Asrey and others. An undertaking was said to have forcibly been taken by Lekhpal and Station House Officer of the police station. However, at a later stage, the Tahsildar of the area allegedly directed the Station House Officer of police station Asandra to render all help to him. However, the said order was not complied with. In the written statement filed by the accused persons, the incident that the had taken place on 3.02.1978 at about 9.00 a.m. was accepted but it was contended that while the said Phool Chand with the help of others including hired labourers started constructions, the deceased Ram Asrey and Ram Harak along with a large number of persons being armed with guns and lathis reached there and caused obstructions. Upon protest having been lodged, all of them advanced towards him with a view to kill him. He then ran to the roof of his fathers Baithaka but Ram Asrey and his companions surrounded his house. They also entered therein. An attempt was also made to molest Smt. Shakuntala Devi, sister of Phool Chand. Only at that time, with a view to save the modesty and honour of his sister as also save the life of other members of the family, they caused injuries to various persons. It was alleged that an endeavour was made to lodge a First Information Report by Smt. Shakuntala Devi but the same was not registered. It was further alleged that Smt. Shakuntala Devi came to Barabanki with her father, uncle and brother Gokul Chand and all of them were medically examined by a private doctor whereafter a report was sent to the District MagistrateThe prosecution in support of its case examined 13 witnesses. Mishri Lal (PW-1), Suraj Lal (PW-2) and Ram Saran (PW-3) examined themselves as eye-witnesses to the occurrence. They proved the genesis of the occurrence as also the manner in which it took place. Other witnesses examined by the prosecution were the doctors who had conducted post mortem examination on the body of the deceased Ram Asrey and Ram Harak as also examined the injuries on the body of 15 injured personsThe defence examined Dr. L.K. Shukla (DW-1) who allegedly had examined Smt. Shakuntala Devi, Sri Dutt, Ramfal and Gokul Chand. Smt. Shakuntala Devi examined herself as DW-2The defence story was disbelieved both by the learned Trial Judge as also the High Court. They came to the conclusion that all the five accused were present at the place of occurrence and participated therein and used their respective weapons to inflict injuries upon the victims in execution of their common object and for the said purpose they had formed an unlawful assembly. The plea of right of private defence raised by the accused was also negatived. The purported injuries found on the person of the defence witnesses and others were held to be self-inflicted onesOn the aforementioned findings, Phool Chand and Kishan Chand were convicted under Sections 148, 302/149 and 307 of the Indian Penal Code and Bhagauti, Badadin and Sheo Prasad were convicted under Sections 147, 302/149 and 307/149 thereof. They were sentenced to undergo rigorous imprisonment for life, four years rigorous imprisonment for attempt to murder, two years rigorous imprisonment under Section 148 of the Indian Penal Code and one-year rigorous imprisonment under Section 147 thereofIndisputably, Accused No. 1 Phool Chand died during pendency of the appeal in the High Court. Accused No. 3 also is said to have died about three years back. Kishan Chand, Badadin and Sheo Prasad are before us.

Reasoning: In a case of this nature, the injuries on the part of the defence witnesses need not detain us as sufferance of such injuries at the hands of the prosecution witnesses had not been believed by both the courts below. We do not see any reason to differ with the said findingsIf Phool Chand was armed by the purported order passed by the Superintendent of Police that he should have assistance from the police officers. We fail to see any reason as to why he could not go to the police station and lodge a First Information Report. Why the injured persons did not go to a Government Hospital for getting themselves examined on that date itself. It betrays common sense as to why they had to go to a private doctor and that too on the next date. The accused persons even did not mind setting up a false plea to the effect that modesty of Smt. Shakuntala Devi had been outraged. The testimony of Smt. Shakuntala Devi has been discarded by the courts below. No attempt even had been made before us to assail the correctness of that part of the judgment