G.P.Mathur, J. - (1.) Criminal Appeal No. 730 of 1977 has been filed by ten accused, namely, Babu Ram, Maniram, Ramjit, Sheo Das, Ram Das, Khaderu, Lochan, Dular, Channu and Chandrabali against the judgment and order dated 14.7.1977 of the JInd AddI. Sessions Judge, Azamgarh, passed in Sessions Trial No. A 37 of 1976 by which they have been convicted under Section 147, 148, 323/149,307/149 and 302/149 IPC and have been sentenced to various terms of imprisonment including life imprisonment under section 302/149 IPC. The State has filed Government Appeal No. 2393 of 1977 against Sadafal, accused who was tried along with the above mentioned ten accused but was acquitted.
(2.) The case of the prosecution, in brief, is that there is a pond known as Gungwa Tal in village Kusuwa. Some paddy fields of the informant Mumlaj Ahmad are irrigated from the water of the aforesaid Gungwa Tal which flows through a Baha (channel). It is alleged that the now of water from the Baha was slopped by constructing a BandhT by accused Ram Das and Sheo Das. At about 5.30 P.M. on 25.9.1975 the informant Mumtaj Ahmad started cutting the Bandh for the purpose of irrigating his fields. Sheo Das, Ram Das and Khaderu, appellant Nos. 4 to 6, were present on the spot and they asked not to cut the Bandh. The informant told him that his crop was drying for want of irrigation. On this the aforesaid three person started abusing him and called their co-villagers saying that the people of village Chitara were opening the Baha for the purpose of flowing of water. Thereafter Babu Ram, Mani Ram, Ranjit, Lochan, Dular, Channu. Chandrabali and Sadafal arrived there armed with lathi. gandasa and ballam and started assaulting, On the alarm raised by the informant Mumtaj Ahmad, his brothers Iqba: Ahmad and Manjoor Ahmad and Lal Bahadur, Aftab, Khere Yadav, Abdul Khair, Aijaj Ahmad and Sheogatullah of his village came there. The accused also assaulted Iqbal Ahmad, Manjoor Ahmad and Lal Bahadur. The informant and the persons of his village also weilded lathis and dandas in their self defence. In the incident the informant Mumtaj Ahmad, Manjoor Ahmad and Lal Bahadur received injuries and Iqbal Ahmad died on the spot. Thereafter the informant lodged a written F.I.R. of the incident at 9.30 P.M. on 25.9.1975 at P.S. Didarganj which is five miles from the place of occurrence. P.W. 7 Tej Pratap Singh, Station Officer of P.S. Didarganj, started investigation of the case after the F.I.R. had been lodged. He prepared inquest report on the dead body of Iqbal Ahmad which had been brought to the police station. The body was thereafter sent to Sadar for post-mortem examination. Manjoor Ahmad had received severe injuries and, therefore, he was sent for medical examination and treatment to the District Hospital along with Constable Katwaroo Ram. He also recorded the statement of Mumtaj Ahmad and Lal Bahadur and thereafter sent them for medical examination and treatment. He reached the spot on 26.9.1975 recorded the statement of other witnesses, prepared site plan and took in his possession blood-stained and plain earth. After completing the investigation he submitted charge-sheet Ex. Ka 10 against the eleven accused.
(3.) Lal Bahadur and Mumtaj Ahmad were medically examined at 6.30 A.M. and 7 A.M. respectively on 26.9.1975 by P.W. 9 Dr. Aijaj Ahmad, Medical Officer In-charge, State Dispensary, Kushalgaon. Following injuries were found on the body of Lal Bahadur 1. Contusion - 4-1/2 x 1" on right elbow joint at outer surface. The colour of the contusion is red. 2. Complains of pain of right side of chest in front surface. Remarks:- Simple injury caused by blunt weapon. Duration:- About within half day. The injury report is Ex. Ka 13. Following injuries were found on the body of Mumtaj Ahmad: 1 Lacerated wounds 2 x 1/10 x 2/10 in front of right side of scar above the right eye-brow. Clotted red blood found in the wound. 2. Contusion - 2 x 2 on right side chest just above the right nipple. Colour of the contusion is red. Remarks :- Injuries are simple (No. 1 & II) caused by blunt weapon. Advised X-ray about P.A. keep under observation. Duration:- About half day. The injury report is Ex. KA 14. Manjoor Ahmad was medically examined at 12.15 AM on 26.9.1975 by P.W. 3 Dr. L.L. Deewan in the District Hospital, Azamgarh. It appears that the medical examination was done at 12.15 in the night and instead of writing oo15 hrs. on 26.9.1975 the doctor has wrongly written p1215 AM on 26.9.1975. Following injuries were found on the body of Manjoor Ahmad: 1. Vertical L.W. on right side occipant 1_1/2T1 x 1/4x bone deep, fresh. 2. L.W. 2 above the Inj. No. 1, in middle of scalp in oblique direction 2 x 1/4 x muscle, fresh. 3. Star shaped L.W. presenting 2 main limbs. Vertical 1-1/2 x 1/4 x bone and other oblique 2-1/2 x 1/4"x bone with star like projection on right parietal bone 2 above the right ear, fresh bleeding. 4. Horizontal abrasion on right side cheek starting from.. . 1-1/2 x 1/4 with troumatic swelling all around 3T1 x 2. 5. Troumatic swelling on. . .left hand. . . .on radical side 3-1/4 x 3 with deep tenderness. Advised X-ray. 6. Contusion in middle of right arm. . . .medial surface in horizontal direction 2_1/2T1 x 1_1/2T1. Bright red in colour. 7. Contusion on middle of buttock in oblique horizontal on both side of vertebral column 8 x i". Bright red colour. Injury Nos. 6 and 7 simple, blunt, fresh other injuries blunt, fresh; V.O.G.O. poor. Rt. respond-pulse 80 p/mt. Admitted S. Ward. The injury report is Ex. Ka 2. P.W. 10 Dr. C.K. Gupta conducted post mortem examination on the dead body of Iqbal Ahmad at 8 A.M. on 27.9.1975 and found the following ante-mortem injuries on his body: 1. Lacerated wound 3 x i" x bone deep on the right side of head 4" above the right ear. 2. Lacerated wound i" x i/2" x bone deep on the right side of head 2" above the right ear. 3. Lacerated wound 1/2 x 1/2 x bone deep 1/2" below injury No. 2. Skull bones have been separated in places underlying. 4. Incised wound 1/2 x 1/4" x bone deep just behind the right car. 5. Incised wound 1 x 2/10 x through and through of right external ear. 6. Incised wound 1/2 x 1/4 x bone deep on the back of head in the occiput. 7. Incised wound i" x 1/2 on the right shoulder joint skin deep. 8. Multiple contusion all over the face and left side of neck. 9. Multiple contusion over the whole of the back measuring for 1/2 x 1/2 to 6 x 4. 10. Contusion 2-1/2 x i" on the right middle. . .of upper arm. 11. Contusion 3 x 2 on the right thigh lateral aspect middle.;