Dharam Veer, J. - (1.)THIS criminal appeal, U/s 374(2) Code of Criminal Procedure, 1973 has been preferred by the appellants against the judgment and order dated 17.6.1986, passed by the II Additional Sessions Judge, Nainital, in S.T. No. 76 of 1985, convicting the appellants Bishan Singh, Arjun Singh, Sheoraj Singh, Govind Singh, Bhairav Dutt and Govind Ballabh, under Sections 147, 308/149 Indian Penal Code, 1860 (hereinafter referred 'I.P.C.') and sentencing each of them to undergo rigorous imprisonment for a term of one year for the offence U/s 147 I.P.C. and rigorous imprisonment for a term of four years U/s 308/149 I.P.C. Both the sentences were to run concurrently. During the pendency of appeal, accused/appellants Arjun Singh, Sheoraj Singh, Govind Singh and Bhairav Dutt have died. The confirmation report of the death of appellants Arjun Singh, Sheoraj Singh, and Govind Singh has been received from the C.J.M. Nainital vide his letter dated 16.12.2006 whereas the death report of appellant Bhairav Dutt sent by C.J.M. Nainital is dated 22.2.2007 on the file. Hence the appeal has abated against all these accused/appellants.
(2.)THE prosecution case, in brief, is that on 30.9.1984 at 6.30 P.M. Harish Bhatt was coming towards his village and when he was on the road, accused Bishan Singh, Arjun Singh, Sheoraj Singh, Govind Singh, Bhairav Dutt and Govind Ballabh began to beat him with Lathis. They also took out Rs. 400/ - kept in his pocket. When the accused persons were beating Harish Bhatt, his brother Ghanshyam Dutt Bhatt, who was coming from the market, came there and saved him. The accused persons were inimical to Harish Bhatt, therefore they attacked him with intention to cause his death. Ghanshyam Dutt brought the injured in the hospital, where he was medically examined. The injured Harish Bhatt got written the F.I.R., Ext. Ka. 1 and handed over it to his brother Ghanshyam Dutt, who lodged it at P.S. Haldwani. On the basis of the F.I.R., Ext. Ka. 1, chick report, Ext. Ka. 7 was prepared at the Police Station and a case U/Ss 147, 323, 506 I.P.C. was registered against the accused persons at report No. 69 dated 30.9.1984, the copy of which is Ext. Ka.8.
On 30.9.1984, at 8.40 P.M. Dr. J.S. Pangtey (P.W. 6), Medical Officer, Civil Hospital, Haldwani, medically examined injured Harish

Chandra Bhatt and found the following injuries on his person : -

1. Lacerated wound 3 cm x 1 cm on scalp at right parietal region, 14 cm above the right eye -brow. Scalp deep. Fresh bleeding present.

2. Lacerated wound 5 cm x « cm x scalp deep, on scalp, at right parietal area, 19 cm above the right eye -brow.

3. Lacerated wound 3 cm x ¬ cm x skin deep, 4 cm above the right eye -brow at right forehead, 6 cm x 7 cm swelling around the wound.

(3.)ABRASION 1 cm x « cm, at upper lip, 3 cm from the right angle of the mouth.
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