- (1.) THROUGH this appeal, the appellants challenge the judgment and order, dated 6. 5. 1980 passed by the IVth Addl. Sessions Judge, Sitapur in Sessions Trial No. 102 of 1977, whereby they have been convicted and sentenced in the manner stated hereinafter: GIRDHAR alias GIRDHAR GOPAl Under Sections 302, 148 and 307 read with section 149 I. P. C. to imprisonment for life under the first count to one year's R. I. under the second count and to five year's R. I. under the third count. RAM BHAJAn Under section 302 I. P. C. read with sections 34 I. P. C. , 148 I. P. C. and 307 I. P. C. read with section 149 I. P. C. to imprisonment for life under the first count, to one year's R. I. under the second count and to five year's R. I. under the third count. MUNNA LAL alias MUNNA, THAKUR PRASAD AND GANGA RAm Under section 302 I. P. C. read with sections 34,147 I. P. C. and 307 I. P. C. read with section 149 I. P. C. to imprisonment for life under the first count, to six months R. I. under the second count and to five years' R. I. under the third count. Sentences of the appellants were ordered to run concurrently.
(2.) SHORTLY stated, the prosecution case as contained in the F. I. R. and in the statement of the informant Ram Swaroop, as recorded the Trial Court runs as under: The informant Ram Swaroop, P. W. 1, Brij Bhushan P. W. 3, their real brother the deceased Chandra Bhal, Surendra Bahadur P. W. 4 and the five appellants, Ram Bhajan, Manna Lal alias Munna, Thakur Prasad, Ganga Ram and Girdhar alias Girdhar Gopal at the time of incident were residing in village Jigniya in district Sitapur. On 2. 8. 1974 at about 6 P. M. , appellant Girdhar and Chottey, sons of the appellant Ram Bhajan were cutting sugarcane and Arhar in the field of deceased Chandra Bhal. Chandra Bhal caught hold and brought them to the house of Ram Bhajan. Chandra Bhal complained to Ram Bhajan that Girdhar and Chottey had cut their sugarcane and Arhar. Ram Bhajan told Chandra Bhal that the whole world did this and why he had come to complain. On this an altercation took place between Chandra Bhal and Ram Bhajan. Immediately, Ram Bhajan with a kanta, his father Thakur Prasad, his brother Munna Lal and his uncle Ganga Ram with lathies, started assaulting Chandra Bhal in the meantime, Girdhar brought a bhala. Thereafter, all of them assaulted Chandra Bhal. Chandra Bhal used a lathi in his self-defence. In the meantime the informant, his brother Brij Bhushan armed with lathies, Surendra Bahadur and some others came. Thereafter the aforesaid five persons started assaulting Ram Swaroop and Brij Bhushan with lathies, Kanta and bhala. Thereafter, they ran away. At night on account of fear. Ram Swaroop did not proceed to lodge his F. I. R. Next morning at 4 a. m. he proceeded to Police Station Pisawan, where he lodged his F. I. R. at about 7. 30 a. m. The evidence of Head Constable Shatrughan Singh P. W. 5 shows that on 3. 8. 1974 at 7. 30 A. M. Ram Swaroop along with Brij Bhushan and Chandra Bhal came to Police station Pisawan to lodge his F. I. R. Ext. Ka-l. He recorded it and on its basis he registered a case under section 307 I. P. C. His evidence shows that thereafter, he sent the Chandra Bhal, Ram Swaroop and Brij Bhushan for medical examination. The evidence of informant Ram Swaroop shows that after lodging his F. I. R. the police sent him, Chandra Bhal and Brij Bhushan to Primary Health Centre Pisawan for medical examination but since no doctor was available there, they were sent to Maholi Hospital and on way to Maholi Hospital, Chandra Bhal succumbed to his injuries. Thereafter, he and Brij Bhushan brought the corpse of Chandra Bhal to Police Station and left it there and then came to Maholi Hospital where they were medically examined.
(3.) THE evidence of Dr. DP. Singh, P. W. 8 shows that on 3. 8. 1974 at 12. 45 P. M. and 1 P. M. respectively, while he was posted at Primary Health Centre Maholi, he medically examined Ram Swaroop and Brij Bhal. On the person of Ram Swaroop, Dr. D. P. Singh found five incised wounds. It is pertinent to mention that two of them were situated in the region of head and three on different parts of the left hand in the opinion of Dr. Singh, injury No. 2, which was an incised wound 3" x 1/4" on the base of right ear, was grievous in nature (Cartilage having been cut) and remaining injuries were simple. He also opined that the said injuries could be caused by kanta. On the person of Brij Bhushan, Dr. Singh found two lacerated wounds, one round wound, two contusions and one abrasion. THE lacerated wounds were situated on the head; one of the contusions was situated on stomach; one of the contusions was located infront of left arm, and the other two injuries were situated on the right leg. In the opinion of Dr. Singh, the said injuries were attributable to a blunt weapon. The autopsy on the corpse of Chandra Bhal was conducted on 4. 8. 1974 at 5. 30 P. M. by Dr. Gopalji Ojha P. W. 2, who found on it, one lacerated wound, one penetrating wound, one contusion, three abrasions and one abrasion which he has described as three abrasions. The lacerated wound was-located on head, the penetrating wound, which was ante-mortem injury No. 2 of the dimensions of 1/2" x 1/4" x brain deep was situated on right temporal region 3/4" above and 1/4" away from right ear and the abrasions were located on non-vital parts of body. On internal examination. Dr. Ojha found the temporal bone to be penetrated beneath the penetrating injury. In his opinion, the penetrating wound was sufficient in the ordinary course of nature to cause death and the lacerated wound was also responsible for death. In the opinion of Dr. Ojha, the penetrating wound was caused by a bhala and the remaining injuries were attributable to a blunt weapon.;