- (1.) THREE sibling brothers, Major Singh(A1), Jeet Singh(A2) and Bara Singh(A3) all sons of Buta Singh resident of village Punnapur, PS Bahedi, district Bareilly, have challenged their conviction u/s 307/34 I.P.C. imposed by IVth Additional Session's Judge,Bareilly, vide impugned judgement and order date 20.7.1981, recorded in S.T. No.299 of 1980, State Vs. Major Singh and others. For the said offence,(A1) was sentenced to three years RI, whereas rest of the two appellants,(A2) &(A3), were sentenced to five years R.I.
(2.) LACONICALLY stated, prosecution allegations against the appellants, as was narrated and scribed at the police station, vide oral first information report, Ex.Ka -1,on 26.10.79 at 1.45 P.M., were that informant Sachcha Singh(P.W.1) son of Bagha Singh resident of Harharpur, P.S. Baheri, district Bareilly had gone to attend the last rites(Sattarya) in village Punnapur at the house of Buta Singh alongwith his nephew injured Tara Singh. Said rites was also attended by many others including Guljar Singh, Sikandar Singh etc. In the aforesaid function,(A2) offered liquor to the injured, who refused to oblige him and on insistence by (A2) to consume it, injured spilled it on the floor which enraged (A2), who thereafter retorted by complaining that if the injured had not to drink, then why he had participated in the rites. Injured Tara Singh countered the complaint by replying that there was difference between him and(A2) as he was a literate man, whereas(A2) was alcoholic. Verbal duel between them soon transformed into vetuparisation amongst the real sibling brothers and injured, which then was followed by muscle flexing between (A1) and the injured. In the midst of such brawl, (A2) gave a sword blow to injured Tara Singh on his neck, whereas (A3) caused him Gadasa injury. Sustaining injuries by both the blows, Tara Singh squatted on the ground unconscious. Informant, Sachcha Singh(P.W.1) and other gathered relatives challenged the assailants, who all then sprinted away from the assault scene. This incident had occurred at 5 P.M. on 25.10.79. Suchcha Singh(P.W.1) went to P.S. Bahedi, following night, 26.10.79 at 1.45 P.M. and dictated first information report, on the basis of which Chik F.I.R. , Ext. Ka1, was prepared and offence u/s 307 IPC was registered vide crime number 516 of 79 and there after, father Lok Singh and others, carried the injured to the hospital for treatment of his injuries and his medical examination, which was conducted on 26.10.79 at 1.15 P.M. by Dr. R.S.Dwivedi(P.W.4.), according to whom, injured was a young boy aged about 18 years and had sustained two incised wounds of following dimensions:- "1- Incised wound 3.5 cm x 0.5 cm x skin on the Right side forehead 3.5 cm above the Right Eye brow margins clear cut. 2- Incised wound 10 cm x 3 cm x muscle of the neck cut, on the left side neck lower part 3 cm above the Left clavicle and 10 cm below the labula of the Left Ear. Wound transverse, margins clear cut, Blood clot filling the base of the wound. The patient is not able to left the left upper Extremity of the shoulder & joint."
(3.) DOCTOR(P.W.4) had prepared medical examination report Ext. ka 8, and had opined that injury no.1 was simple, but had kept injury no. 2 under observation. Both of it were caused by sharp edged weapons. DOCTOR had also advised X-ray of injury no.2. These injuries could have been sustained by the injured at the time of the incident. Head Constable Raja Ram had recorded the FIR and had prepared chik FIR, Ex.Ka-1, and corresponding G.D. entry, Ext.Ka-5. S.I. Ram Kumar Sharma(P.W.3) commenced investigation into the crime who come to the hospital, where he penned down 161 Cr.P.C. statements of the injured and other witnesses. I.O. had also seized blood stained apparels of the injured by preparing it's recovery memo Ext.Ka-3. PW3, I.O., thereafter, conducted spot inspection and had prepared site plan Ext. Ka-2.He had raided accused house to apprehend them vide Ext.Ka-6 and finally wrapping up the investigation had charge sheeted(A1) &(A3) vide Ext.Ka-4. (A2) was separately charge-sheeted vide Ext.Ka-7.;