- (1.) B. P. Singh, J. This is an appeal against the judgment and order dated 17-8-1978 passed by Shri P. P. Gupta, IV Additional Sessions Judge, Pilibit, in Sessions Trail No. 425 of 1977 - State v. Damodar Pd. and three others, under Section 307 IPC read with Section 34 I. P. C. , P. S. Bisalpur, district Pilibhit.
(2.) RAM Kumar, P. W.-1, Sia RAM P. W.-2 and Prahlad Prasad, P. W.-3 are real brothers. In 1972 Prahlad Prasad and Sia RAM had run a business of Bale in partnership with Jhamman Lal. When the accounting was done, some money was found due upon Jhamman Lal. On the failure of Jhamman Lal to pay the amount, a suit for recovery of money was filed by Sia RAM and Prahlad Prasad against Jhamman Lal in Niyaya Panchayat. Jhamman Lal and Damodar Prasad had also filed a suit for recovery of for money against Sia Ram and Prahlad Prasad in the Niyaya Panchayat. Both these suits were pending in the year 1976. On 5-7-1976, Sia Ram and Prahlad Prasad were digging a drain in their filed in order to facilitate irrigation of their plot. Accused Damodar Prasad, Ajudhia Prasad, Deena Nath and Jhamman Lal armed with lathis came there and assaulted Sia Ram and Prahlad Prasad. On alarm being raised, Ram Kumar P. W.-1, Mool Chand, Mohan and Verma reached there. On being challenged by the witnesses, the accused ran away.
(3.) BOTH Sia Ram and Prahlad Prasad had sustained injuries. First, they were taken to the house and from there they were taken to the Police Station, Bisalpur where a report (Ext. Ka-1) of the occurrence was lodged by Ram Kumar P. W.-1. From P. S. Bisalpur, Sia Ram and Prahlad Prasad were sent to Civil Hospital, Pilibhit where they were medically examined by Dr. V. P. Agarwal, P. W.-4. Dr. V. P. Agarwal, P. W.-4 had found the following injuries upon the person of Sia Ram: (1) Lacerated wound 10 cms. x 1 cm x bone deep on the left side of head close to mid-line, 12 cm above left ear. Kept under observation. Advised X-ray. (2) Lacerated wound 6 cms x 1. 5 cm X bone on the left side of fore head close to hair line 4. 5 cms above left eye-brow. Kept under observation. Advised X-ray. (3) Lacerated wound 2. 5 cm. x 1. 5 cms x bone on the right side of forehead close to midline 3. 5 cm, above root of nose, Kept under observation. Advised X-ray. (4) Lacerated wound 2. 5 cms x 5 cms x muscle on right side of forehead just above outer half of right eye-brow. (5) Ecchymosis 4 cms x 3 cm around right eye involving whole of right eyelid upper and extending around. (6) Lacerated wound 3 cms x 1 cm x bone on the left leg in middle.;