P.N.Goel - (1.) PANCHAM, aged about 25 years, has been convicted and sentenced under sections 304 Part I, 325/34 and 323/34 IPC to undergo RI for 10 years, 3 years and 1 year respectively. Antu, aged about 23 years, has been convicted and sentenced under section 304 Part I/34, 325/34 and 323/34 IPC to undergo RI for 5 years, 3 years and 1 year respectively. Sentences of imprisonment of both the appellants have been made to run concurrently.
(2.) IN the morning of 10-3-1974 there took place two incidents in the village of the appellants, namely, Hamirpur Chhataon within police station Cholapur, district Varanasi. Smt. INdrawati (PW 2), daughter of Bhonu (PW 1) was coming with a load of sugarcane. According to the prosecution Banshi snatched the load from the back side. There upon there took place some exchange of words. Banshi gave 2-4 slaps to her, Bhonu reached there and reprimanded Banshi. Banshi then went sway. According to the defence Banshi was also going with a load of sugarcane. He happened to strike agaiinst Smt. INdrawati whose load of sugarcane fell down. Bhonu reached there and gave 3 slaps to Banshi. Bhonu also gave a lathi blow on the wrist of Banshi Banshi is nephew of Pancham appellant and younger brother of Kashi. He was aged about 17 years at the time of occurrence. After the above incident Smt. Indrawati and Bhonu reached their pumping set. Ramdeo, father of Bhonu was there. There was Kolhu for crushing sugarcane at their pumping set. Gur was also used to be prepared there. At about 9 A. M., i. e. about half an hour after the first incident, according to the prosecution, Pancham, Antu, Kashi and Banshi came at the pumping set of Bhonu. They did not have any weapon with them. Banshi and Kashi exhorted that Bhonu and others be assaulted. Thereupon Pancham took out a bamboo from the hut and assaulted Ramdeo and Antu took up a lathi with which pan is removed from the furnace and assaulted Bhonu. Smt. Indrawati came up to the rescue of her grandfather and father. She was also assaulted. Bhonu wielded a lathi causing injuries to the assailants. The case of the appellants was that after the first incident Banshi reached his house and told of the incident. Thereupon his uncle Pancham went to the pumping set of Bhonu for making a complaint. Ramdeo and Bhonu assaulted Pancham. Thereupon, Pancham took out a bamboo from the thatch and wielded the same.
(3.) POLICE station Cholapur is 5 miles from the village of occurrence. Ramdeo died in the village a little after the occurrence. Bhonu lodged a written report at the police station at 11. 30 A.M. Ram Chandra Singh, Station Officer (PW6) took up investigation. Dr. A. K. Banerjee (PW 8) examined Bhonu and Smt. Indrawati at 2. 30 and 2. 45 P. M. respectively.;