VINOD PRASAD, J. - (1.) APPELLANTS who are four in number have filed present appeal being aggrieved by their conviction under section 307/34 IPC and impose sentence of four years with fine of Rs. 100/- each imposed by IV Additional Session's Judge, Farrukhabad in S.T. No. 302 of 1980, State v. Har Sukh and others dated 4.3.1981.
(2.) THE perusal of the impugned judgment revealed that initially the aforesaid appellants were tried in Criminal Case No. 139 of 1979 by Judicial Magistrate, Kannauj for offences under sections 323 and 324 IPC and for those charges they were sentenced to six months and two years R.I. respectively. Aggrieved by their conviction and sentence the aforesaid accused preferred Criminal Appeal No. 17 of 1980 before Session's Judge who, although, set aside their aforesaid conviction and sentence but finding offence under section 307 IPC disclosed against the accused directed Judicial Magistrate, Kannauj for committing the case of the appellants to the Court of Session's for trial. It is how that S.T. No. 302/1980, State v. Har Sukh and others, was registered before the Session's Court, which was allotted to IV Additional Session's Judge, Farrukhaoad for trial and decision. In nutshell prosecution allegations were that on 13.6.1977 at 8.00 p.m. appellant Har Sukh and his son Ram Dass were stacking woods over the heap of woods kept by informant Ram Bharosey at the open space near the informant's house. When informant objected to then Har Sukh and his son started vetuparising informant. When Ram Bharosey informant objected to the said hurling of abuses then accused Har Sukh armed with spade, Ram Dass armed with Gandasa, Itwari and Ram Dayal both brothers of Har Sukh armed with lathi encircled informant. Ram Chandra and one Chottey Lal and started belabouring them from their respective weapons. Shrieks of informant and other injured attracted Ram Chandra and Ram Prasad at the scene of the incident, who had witnessed the assault and saved the informant and other persons. Ram Bharosey thereafter got F.I.R. Exhibit Ka-1 scribed from Ramendra Kumar and lodged it at police station Thatiya, district Farrukhabad at 3.45 p.m. vide Ext. Ka-2. After registration of crime aforesaid three injured Ram Swarup, Chotey Lal and Ram Bharosey were dispatched to Government Hospital for medical examination. Doctor N.R. Sharma medically examined these injured and prepared their injury reports Ext. Ka 4, Ka-5 and Ka-6. Investigation into the crime was commenced by Sub-Inspector Mahendra Pal Singh, who prepared site plan Ext. Ka-7 recorded investigatory statement under section 161 Cr.P.C. and concluding it charge-sheeted the accused vide Ext. Ka-8.
(3.) IN respect of this very incident on the same day 13.6.1977 at 5.30 p.m. accused-appellant Har Sukh also lodged a cross F.I.R. against informant Ram Bharosey, his son Chotey Lal and Ram Swarup under sections 323, 504 and 506 IPC vide Exhibits Ka-9 and Ka-10. On the basis of charge-sheet submitted against the appellants they were summoned and their case was committed to the Session's Court as is mentioned above. Trial Judge charged all the appellants under sections 307/34 IPC on 15.10.1980, which charges were read out and explain to the accused, who denied the same and claimed to be tried.;