MRS.POONAM SRIVASTAVA, J. - (1.) CRIMINAL appeal no.6665 of 2007 preferred by eight appellants namely Maqsood son of Mehmood, Shakeel son of Yaseen, Jabbar son of Shakeel, Ayyub son of Mehmood, Majhar son of Chhota, Haneef son of Yamin, Khalik and Zinda sons of Yamin against judgment and order dated 24.9.2007 passed by Additional Sessions Judge FTC No.4, Saharanpur, arises out of Session Trial No.868 of 1997 whereby appellant nos. 1, 2 and 6 were convicted under Section 147 I.P.C. and sentenced to undergo one year R.I., under Section 323/149 I.P.C. six months R.I., under Section 308/149 three years R.I. and fine of Rs.3,000/ - each. In default of payment of fine, three months additional imprisonment. Appellant nos. 3, 4, 5, 7 and 8 were convicted under Section 147 I.P.C. and sentenced to undergo one year R.I., under Section 323/149 six months R.I., under Section 308/149 four years R.I. and fine of Rs.1,000/ - each. In default of payment of fine, one month additional imprisonment.
(2.) THERE are cross cases registered at case crime no.65 of 1997 and 65 -A of 1997 at Police Station Chilkana, District Saharanpur, both cases were tried together, though decided by different judgments but on the same date. We have heard Sri Anurag Pathak learned counsel for appellants, Sri Rajiv Lochan Shukla learned counsel for first informant and learned A.G.A. for the State. Occurrence is alleged to have taken place on 5.5.1997 at 11:30 a.m. First information report was lodged by Musharraf son of Zafar, resident of village Naya Bans, Police Station Chilkana, District Saharanpur against all the accused on the same day at 1:00 p.m. at Police Station Chilkana, District Saharanpur. Musharraf and Ameer Ahmed received injuries in the incident. Their injuries were examined by Dr. R.K. Verma. Injury report of Musharraf is Ext. Ka -2 and supplementary injury report is Ext. Ka -3. Injury report of Ameer Ahmed is Ext. Ka -4. X -ray report of Musharraf is Ext. Ka -5. Prosecution story as unfolded in the first information report, which is cross report registered at case crime no.65 -A of 1997 under Sections 147, 148, 323, 504 I.P.C. Police Station Chilkana, District Saharanpur. Police Station is situated at a distance of four kilometres. Narration of the first information report is that first informant came to the house of his brother Mukarram in village Chalakpur. He along with his brother Mukarram, Ameer Ahmed resident of village Saniri were sitting in the Gher. They were talking amongst themselves. At the time of occurrence, Ikram and Zabbar sons of Shakeel, Shakeel son of Yaseen, Maqsood and Ayyub sons of Mehmood, resident of village Ghatehra, Police Station Chilkana,Mazhar son of Chhota, Haneef son of Yamin resident of village Sangmaur, Khalik son of Yamin and Zinda son of Yashin resident of village Chalakpur, Police Station Chilkana arrived in a tractor trolley armed with Lathi, Ballam, Palkati and axe (Kulhari). They started to take forceful possession of the Gher. First informant tried to stop the accused, which resulted in an altercation. Accused Ikram attacked with Palkati, Zabbar and Shakeel with axe (Kulhari) and Ayyub with Ballam, which resulted in injuries to first informant and Ameer Ahmed. Other accused were armed with Lathi. On hearing shout, witnesses Mehmood son of Rafeek, Zahid son of Saddik, Iqbal son of Kasam resident of village Chalakpur arrived at the 3 scene of occurrence and intervened. Prosecution in support of its case, examined seven witnesses namely Ameer Ahmed as PW -1, Musharraf PW -2 both are injured witnesses, Dr. R.K. Verma PW -3, Dr. M.S. Mattad PW -4, Ram Bhool Singh PW -5, Iqbal PW -6, Virendra Singh PW -7. Injury report of Musharraf is Ext. Ka -2 and Ameer Ahmed is Ext. Ka -4. Their injuries were examined on the same day.
(3.) INJURIES of Musharraf examined on 5.5.1997 at 4:40 p.m. are quoted below: - (1) L.W. 2.5 cm x 0.5 cm x scalp deep on Rt. side head 10 cm away from Rt. ear pinna T.S. 4 cm x 3 cm around it. Clotted blood present. Bleeding fresh on cleaning injuries. Adv. X -ray. (2) C/o pain on abdomen. No noticeable injury seen. K.U.O. for pain abdomen. X -ray advised. Injury no.(1) is fresh injury. K.U.O. X -ray advised. Injury no.(2) K.U.O. for pain. X -ray advised. Pt. hospitalized. Supplementary report of Musharraf is as under: Injury nos. (1) + (2) K.U.O. X -ray advised. Vide X -ray report no.597/97. X -ray skull - shows fracture Rt. parietal bone of skull. X -ray abdomen - NAD. Patient hospitalized vide BHT No. 2920 and received from Hospital on 8.5.1997. Hence, injury no.(1) is found to be grievous in nature. X -ray report of Musharraf is as under: X -ray skull - shows fracture of Rt. parietal bone of skull. X -ray abdomen (Erect) NAD. Injuries of Ameer Ahmed examined on 5.5.1997 at 4:50 p.m. are quoted below: - (1) L.W. 1 cm x 0.5 cm skin deep on top of the skull 13 cm above from Rt. ear pinna. Clotted blood present. Bleeding fresh injury. (2) L.W. 2.5 cm x 0.5 cm x muscle deep inner aspect in small finger formal Pvt. of (L) hand with T.S. 3 cm x 2 cm. K.U.O. X -ray advised. Bleeding fresh injury. K.O.F. X -ray advised. (3) Red abrasion 3 cm x 1 cm (L) elbow joint. (4) Red contusion 12 cm x 2 cm left side back of chest at middle near spine oblique. (5) Red contusion 9 cm x 2 cm on left side back down part, horizontally placed. (6) Red contusion 10 cm x 2 cm on Rt. side back of abdomen near mid axillary bone. (7) T.S. 3 cm x 2 cm on Rt. wrist joint. Opinion: Fresh injury. Nature caused by hard and blunt object. Injury no.(2) K.U.O. X -ray advised small finger (L) hand. Rest injuries are simple. ;