S. I. Jafri, J. - (1.) BRAHMADEEN, Bankey Lal, Arjun, Ram Swarup, Prabhu Dayal, Sri Krishna alias Raja Babu, Akilesh Mahendra and Daya Shankar have filed this appeal against the order dated 13-5-1983 passed by Sri R. K. Srivastava, Xth Additional Sessions Judge, Sitapur convicting and sentencing them in Sessions Trial Mo. 978 of 1980.
(2.) ALL the appellants except Prabhu Dayal were convicted u/Sec. 308 IPC and were sentenced to under go 4 years R. I. each. Bankey, Prabhu Dayal and Brahmadeen were convicted u/Sec. 148 IPC and sentenced to 2 years R. I. each. Arjun Lal, Ram Swarup Sri Krishna alias Raja Babu, Akhlesh Mahendra and Daya Shanker were convicted u/Sec. 147 IPC and sentenced to one year's R. I. each. Prabhu Dayal. was convicted u/Sec 308 read with 149 IPC and he was sentenced to 4 years' R. I. Brahmadeen and Bankey Lal were said to have been armed with 'banka' whereas Arjun Lal, Ram Swarup, Sri Krishna alias Raja Babu, Akhlesh, Mahendra and Daya Shanker were said to have been armed with lathis. Prabhu Dayal was said to have been armed with his licensed gun. Bankey and Arjun Lal are sons of Brahmadeen appellant. Ram Swarup and Prabhu Dayal are the cousins of Brahmadeen appellant. Sri Krishna alias Raja Babu and Akilesh are the sons of Prabhu Dayal appellant. Mahendra is the son of Ram Swarup appellant and Daya Shanker is the cousin of Sri Krishna alias Raja Babu appellant. In this way all the appellants are related to each other.
(3.) THE case of the prosecution is that at about 4.30 P.M. on 31-12-78 Sunil Kumar came out of his house situate in village Amramau P. S. Misrikh, Sitapur whereupon all the appellants had surrounded him and at the instigation of Prabhu Dayal who was armed with his licensed gun, the remaining appellants had assaulted him with banka and lathis. On the alarm raised by Sushil Kumar and his grand father Ram Bilas PVV 1 a number of persons including Ram Pal PW 3 were attracted to the scene of occurrence and on their intervention the appellants after causing injuries to Sushil Kumar made good their escape. After the occurrence Sushil Kumar was taken to the Police Station, Misrikh by his grandfather Ram Bilas PW 1 who handed over the written report of the occurrence to the head-constable whereupon the head constable prepared the chick report and he also registered a case u/Sec. 147/148/149/323/324 IPC against the appellants. Sushil Kumar injured was then sent to P. S. Misrikh where his injuries were examined at 7.20 P.M. the same day by Dr. C. Prakash. The doctor found the following injuries on his person :- 1.An incised wound on the front of right side and fore head 2 1/4" x 1" x skin 1" above the eye brow 3/4 from mid line. 2.An incised on the detral side ot Rt. side of head 1 1/2" x 1/4 scalp deep 3" from injury no. 1. 3.An incised wound on the Rt side of the scalp 4 1/2" from injury no. 1. 4.A contusion 2" x 1" on the outer part of Rt. leg 5" x 6" below knee joint. 5.A contusion 1" x 1/2" on the front part of left ulna joint. 6.A contusion 2" x 1J2" on the outer part of Rt. thigh 6" above the knee-joint. 7.A contusion 1 1/2 x 1/2" on the outerpart, right thigh, 7 inches above the right knee joint. 8.A contusion on the back of It. side of shoulder joint, size 2" x 1". 9.A contusion 3" x 1" on* the back part of Lt. from 3" above the It. elbow. 10.A contusion 1 1/2" x 1" on the back of Lt. fore arm, 3 1/2" above the wrist joint. 11.Contusion 1" x 1" on the back part of the Lt. hand one inch below the wrist joint. 12.A abraded contusion 5 1/2" x 1" on the back and inner part of Rt fore arm just above the wrist joint. (Rt.) 13.A contusion 1" x 1" on the back point of Rt. hand 1 1/2" below the wrist. ;