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Judgment reserved on : 07.07.2020

Judgment delivered on : 05.01.2021

Case :- CRIMINAL APPEAL No. - 20 of 1987

Appellant :- Parmatma Rai And Others

Respondent :- State of U.P.

Counsel for Appellant :- M. Prakash,Madhur Prasad,P C

Srivastava,Prakash Chandra Srivastav

Counsel for Respondent :- A.G.A.

Hon'ble Om Prakash-VII,J.

1.

This criminal appeal has been preferred by appellants

Parmatma Rai, Krishna Rai, Nar Singh Rai and Ram Suresh Rai

against judgment and order dated 18.12.1986 passed by

I Additional Sessions Judge, Azamgarh in Sessions Trial No.174 of

1983 (State Versus Parmatma Rai and others) convicting and

sentencing appellants Parmatma Rai and Krishna Rai for offence

under section 304 Part-II IPC to undergo 3 years rigorous

imprisonment, for offence under section 147 IPC to undergo 6

months rigorous imprisonment, for offence under section 323 read

with section 149 IPC to undergo 1 year rigorous imprisonment,

appellants Nar Singh Rai and Ram Suresh Rai for offence under

section 147 IPC to undergo 6 months rigorous imprisonment, for

offence under section 323 read with section 149 IPC to undergo 1

year rigorous imprisonment. All sentences were directed to run

concurrently.

2.

It was reported that during pendency of appeal, appellants-3

and 4 namely, Nar Singh Rai and Ram Suresh Rai have died,

therefore, vide order dated 24.03.2017, appeal filed on their behalf

has been abated. Thus, appeal is being decided only in respect of

appellants-1 and 2 namely, Parmatma Rai and Krishna Rai.

3.

Prosecution story, in brief, as unfolded in written report

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(Ex.Ka.1) are as follows :

4.

Informant (P.W.1) Dipchand Rai resident of village Maltari,

Police Station Jeanpur, District Azamgarh, moved a written report

at police station concerned mentioning therein that on 21.11.1981

at about 10:00 A.M., informant, his wife Smt. Sudami Devi and

sons Virendra Rai and Vijendra Rai were removing bricks from the

lane in front of their house. Nagendra Rai was also standing there.

At about 10:15 A.M., accused Lochan Rai, Narsingh Rai,

Parmatma Rai and Krishna Rai came over there. Lochan Rai

exhorted Parmatma Rai and Krishna Rai not to spare them. On his

exhortation, accused Parmatma Rai, Krishna Rai and Narsingh Rai

started throwing bricks lying in the lane with the intention to kill

them. When informant's wife Sudami Devi came forward to

prevent them, Parmatma Rai and Krishna Rai pelted bricks at her

head. After receiving head injuries with bricks, Sudami Devi fell

down on the ground. Both the sons of informant and Nagendra

Rai came forward and tried to save Sudami Devi. In the

meantime, accused Ram Suresh Rai exhorted all the accused to

climb on the rooftop and throw the bricks on them. Whereupon all

the accused climbed on the rooftop and started throwing bricks

from there. Informant also received injuries on his hands and body.

After intervention of the villagers, the accused went away from the

spot. Since condition of Sudami Devi was critical, she was brought

to District Hospital, Azamgarh by jeep.

5.

Written report was scribed by Nagendra Rai. On the basis of

written report (Ex.Ka.-1), Chik F.I.R. (Ex.Ka.-13) was registered

at police station Jeanpur on 21.11.1981 at 11:50 A.M. at crime

no.359 under sections 323, 336, 307 IPC against accused-persons

named in written report. Entry was also made in general diary.

6.

Informant's wife Sudami Devi was admitted at District

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Hospital, Azamgarh, where she succumbed to her injuries at 12:45

P.M. on the same day. An information was given to S.H.O.,

Kotwali, Azamgarh vide Ex.Ka.-22. Investigating officer was

deputed, who reached the place where dead body of deceased was

lying and prepared inquest report on 22.12.1981 at 8:45 A.M.

(Ex.Ka.-20). He further prepared Nakshanas (Ex.Ka.-23),

Challannas (Ex.Ka.-24), Report (Ex.Ka.-25) and also other police

papers. After fulfilling all forma