- (1.) G. D. Dubey, J. The Third Additional. District and Sessions Judge, Bareilly has convicted and sentenced each of the appellants Jugal Kishore, Krishna' Murari, Vinod Kumar and Ram Moorti under Section 307/34, I. P. C. and sentenced them to undergo to a term of two years' R. I. Each of the above had further been held guilty, convicted and sentenced to six months' R. I. under Section 323 read with Section 34, I. P. C.
(2.) AGGRIEVED by the above order, the present appeal has been filed. A report was lodged by Sharda Prasad (P. W. 2) at 9. 50 a. m. at Police Station Nawabganj, district Bareilly, against the four appellants. It was alleged that Jugal Kishore appellant was working in the Ram Leela Com mittee of the locality. Jugal Kishore had asked his son Brijesh Chandra Sharma to work in the Committee. Brijesh Chandra Sharma refused to work for the Committee. Consequently, Jugal Kishore had threatened that he will kill Brij Kishore whenever he gets an opportunity. At about 9. 00 p. m. on 26. 10. 77. Brijesh Chandra and Rakesh Chandra were going for participa ting in a Kirtan. At that time, Jugal Kishore, Krishna Murari, Vinod Kumar and Ram Moorti came. Vinod Kumar and Ram Moorti started beating Rakesh Chandra with danda. Jugal Kishore and Krishna Murari inflicted knife blows to Brijesh Chandra. When Sharda Prasad proceeded to save his son, the appellants threw brick-bats towards him causing injuries on his right leg. The appellants continued threatening the father that they would kill him and also set his house on fire and loot the property. Hearing the alarm of victims, Jagdish Chandra Gupta and several other persons arrived and thereafter the assailants ran away. After the occurrence, Sharda Prasad Sharma went to the police station and lodged the report. The investigation had been taken by Megh Singh (P. W. 4 ). He interrogated Sharda Prasad Verma, Brijesh Chandra and Rakesh Chandra. Biijesh Chandra, Rakesh Chandra and Sharda Prasad Verma had been sent to Primary Health Centre, Nawabganj for medical examination. Rakesh Chandra was examined by Dr. S. M. Gupta (P. W. 1) at 10. JU p. m. The doctor found the following injuries on his person. (1) Contusion 3 cm. x l 1/2 cm. on right side of forehead about 1 cm. above the root of nose from glabella. (2) Abrasion 1 cm. x 1 cm. on right side of forehead about 1 1/2 cm. above the glabella. (3) Abrasion 1/2 cm. x 1/2 cm. on the middle of bridge of nose. All injuries are simple and caused by blunt object and duration fresh.
(3.) SHARDA Prasad Sharma was examined at 11. 15 p. m. on 26. 10. 1977. Only one injury i. e. abrasion 2 cm. x 1/2 cm. on dorsum of right foot about 7. 5 cm. out to medial malleous of right foot was found. This injury was opined to be simple caused by blunt object and fresh in duration. Brijesh Chandra had been examined by the doctor at 12. 45 a. m. on 27. 10. 1977. The following incised wounds were found on his person : - (1) Incised wound 1. 5 cm. x 5 cm. at left side back of chest with swelling in an area of 8 cm. x 5 cm. x 2 cm. deep at left axilla. Under observation. (2) Incised wound 1 cm. x 8 cm. x Abdominal cavity deep x left side of abdomen. 13 cm. below the unbilicus at 4 O'clock position. Under observation. (3) Incised wound 2 cm. x 1 cm. x 2 cm. deep at 11 cm. below injury No. 2. (4) Incised wound 2 cm. x 2. 5 cm. at right back ocupulla region.;