- (1.) Seven appellants including three sibling brothers namely, Pokhpal s/o Rammu, Ramcharan, Laljit and Sant Ram, all s/o Itwari, Rajendra s/o Sukhbas, Khyali s/o Roshan, and Shri Ram s/o Mangali have knocked the door of this Court questioning and challenging their convictions for offences under sections 147, 452/149, 304/149, 323/149 I.P.C. recorded by Xth Additional Sessions Judge, Etah in S.T. No.689 of 1978, State Vs. Pokhpal and others relating to PS Jaithra, district Etah. For the first charge they were sentenced to three months R.I., for the second count one year R.I., for the third count five years R.I. and for the last count two months R.I. All the sentences were directed to run concurrently by the trial Judge vide impugned judgement and order dated 20.8.1981.
(2.) Prosecution version, in nutshell, as is perceptible from written F.I.R. Ext. Ka-1 and depositions of fact witnesses, were that Ram Baksh resident of village Harsinghpur, Police station Jaithra, district Etah had two sons Parsadi Lal (deceased) and Mewa Ram. Parsadi Lal had two issues P.W.1 Gyan Singh (informant) and P.W.3 Ram Swaroop. Ganga Dayal another witness of the incident, (not examined during trial) is the son of Mewa Ram. At 4.00 p.m. on 1.7.1977, because of some scuffle between children, there was a triadic verbal altercation between the wives of accused appellant Sant Ram and PW1 Gyan Singh, when wife of Sant Ram had gone to later's house to register her protest regarding the said scuffle and there she was vetuparised. This temerity was informed by Sant Ram's wife to her family members on which the main incident occurred at 8.00 p.m, the same day, when seven of the appellants named above, all but accused Khayali, armed with lahti and Khyali armed with danda, hurling abuses raided the house of the informant P.W.1 and after trespassing inside slapped and boxed informant. Shrieks of informant attracted his father on which raiders assaulted both of them in their courtyard. When P.W.2 Smt. Sundari, mother of informant encircled her son in an attempt to save him she was also bet and caused injuries. Hue and cry raised by house inmates attracted co-villagers Ganga Dayal and Ram Swaroop, who intervened and saved lives of the injured and had witnessed the incident. Accused persons thereafter retreated to their house. PW 1 thereafter scribed FIR, Ext. Ka 1, arranged a bullock cart, travelled a distance of seven miles with his parents and then lodged his F.I.R. at the police station Jaithra, district Etah, same night at 2.00 a.m.
(3.) Head Constable Panna Lal P.W.7 registered the FIR as Crime No.96 of 1977, under Sections 147, 452, 323 IPC, prepared Chik F.I.R. Ext. Ka-15 and corresponding GD entry Ext. Ka-16. Injured persons thereafter were dispatched to the hospital for medical examination and management of their injuries. P.W.8 Station Officer, P.S. Jaithara, S.P. Singh, commenced the investigation into the crime on 2.6.2007, recorded investigatory 161 Cr.P.C. statements of the informant and his father Prasadi Lal. After three days, on 5.6.1977, he again started investigation, came to the place of the incident and searched for the accused but could not find them. On 7.7.1977 I.O. interrogated and recorded investigatory statements of injured P.W. 2 Smt. Sundari and witnesses Ganga Dayal and P.W.3 Ram Swaroop. Subsequent thereto he conducted spot inspection and sketched site plan map Ext. Ka-18.;