NATHOO LAL Vs. STATE OF U.P.
LAWS(ALL)-2019-1-236
HIGH COURT OF ALLAHABAD
Decided on January 30,2019

NATHOO LAL Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

RAMESH SINHA,J. - (1.)The present appeal has been filed by three appellants out of which appellant no. 1 Nathoo Lal son of Kundan Lal and appellant no. 2 Ram Chandra son of Nathoo Lal died during the pendency of appeal and the appeal on their behalf has already been ordered to be abated by Co-ordinate Bench of this Court vide order dated 30.7.2018 and the present appeal survives with respect to appellant no. 3 Jagdish only, hence the Court proceeds to adjudicate the aforesaid appeal with respect to the said appellant, namely, Jagdish.
(2.)The present appeal has been filed by the appellants against the judgment and order dated 23.3.1985 passed by VIth Additional Sessions Judge, Bareilly in S.T. No. 43 of 1981 convicting and sentencing the appellants under sections 302/34 I.P.C. for imprisonment of life and further convicting and sentencing the appellant no. 3 under section 323 I.P.C. for rigorous imprisonment of six months. Both the sentences ordered to be run concurrently.
(3.)The brief facts of the case as narrated in the F.I.R. lodged by Bhanu Prakash, who is the informant of the case and brother of the deceased Ved Prakash, are that a day prior to the present incident, i.e., on 3.4.1980 some time in the evening, the buffalo belonging to accused Nathoo Lal went into the Barseem field of the deceased Ved Prakash and damaged the crop standing there. The deceased Ved Prakash assaulted the buffalo by inflicting lathi blows and drove it out from his Barseem field. At the said moment, accused Nathoo Lal reached there and on seeing that the deceased Ved Prakash assaulting the buffalo with lathi, he felt annoyed with him which resulted into a quarrel between them. In the meanwhile, one Jamuna Prasad (P.W. 2) also reached there, who intervened and separated accused Nathoo Lal and the deceased Ved Prakash. Thereafter, accused Nathoo Lal went away threatening the deceased to see him.


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