RAKESH TIWARI,ANIL KUMAR SHARMA - (1.) The appellants have challenged the judgement and order dated 20.1.2005 passed by Addl. Sessions Judge (FTC -1), Kannauj in S.T. no. 20/2004 (Crime no. 485/2003 P.S. Tirva) whereby appellants no. 1 to 6 have been found guilty for the offence punishable u/s 147, 302/149, 307/149, 323/149 IPC and appellant no. 7 u/s 323 IPC. The appellants have been sentenced as under: Name of Section Imprisonment Fine Default appellant in Rs. imprisonment Vimlesh 147 IPC One year RI - - Ram Lakhan 302/149 IPC Life imprisonment 5000 Six months Rajendra 307/149 IPC 10 -Years' R.I. 3000/ - Four months Akhalesh Ajay 323/149 IPC Six months' RI - - Smt. Savitri 323 IPC Six months' RI - - All the sentences of each appellant were to run concurrently.
(2.) THE prosecution story in brief, is that on 7.11.2003 at about 7.30 A.M. complainant Ram Bux s/o Pitam r/o Village Behrin P.S. Tirva submitted a written report at P.S. Tirva wherein he stated that on 5.11.2003 his 12 -years' old daughter Km. Meena plucked few phaliya from Darhari field of co -villager Raja Ram s/o Chhedi Lal, on which his son Ram Lakhan hurling filthy abuses had beaten her with belt. When the complainant enquired about this incident from Ram Lakhan he threatened to kill all the family members. Today when his sons Shiv Nath, Chhabi Ram, brother Ram Nath and Raghunath while going to attend natural call in the fields across the road, reached on the chak road in between the fields of Shiv Balak and Ram Asrey Misra at about 6 A. M., Vimlesh s/o Chhannu Lal, Ashok and Ram Lakhan sons of Raja Ram, Rajendra s/o Chhedi Lal having knives in their hands, Akhalesh s/o Chhannu Lal and Ajay s/o Rajendra armed with dandas came out from the Arhar field of Mahendra and ran towards them. Their alarm attracted the complainant, his son Vishram, nephew Shiv Shanker s/o Radhey Lal and other villagers reached there and saw that Ashok wielded knife on the chest of Shiv Nath, he fell down and died. Vimlesh, Ram Lakhan and Rajendra assaulted his brothers Ram Nath, Raghunath and son Chhavi Ram respectively with knives and they were badly injured. Accused Akhalesh and Ajay assaulted his son Vishram with lathi -danda. Savitri w/o Raja Ram and her daughter Km. Rita rushed at the spot and hurling abuses had beaten the injured with chappals. The report further stated that when the complainant after arranging conveyance was coming to Tirva for treatment along with the injured, his brother Ram Nath succumbed to the injuries and leaving his dead body at the hospital he had come to police station along with injured Raghu Nath and Chhavi Ram. On the basis of this report case at crime no. 485/03 u/s 147, 302, 307, 323, 324, 352 IPC was registered at the police station, investigation whereof was undertaken by SHO Vishwa Nath Singh. He interrogated the complainant and injured Chhavi Ram and Raghu Nath at the police station and reached at the spot. He preformed inquest upon the cadaver of the deceased at 9.30 A. M. and sent the dead body in sealed cover along with usual papers. He inspected the scene of occurrence and obtained samples of plain and blood stained earth through memo in presence of witnesses Raj Kumar Rathore and Surendra Singh and also prepared site plan. Thereafter he came to PHC Tirva and dictated the inquest report to SSI Satish Chand Dubey. His dead body was also sent for autopsy in sealed condition along with usual papers. He again returned to the spot and interrogated injured Vishram. Injured Raghu Nath and Vishram were examined at PHC, Tirva by Dr. N.H.S. Gupta on 7.11.2003 from 9.20 a.m. onwards. He, however, referred injured Chhavi Ram to District Hospital, Farrukhabad due to his serious condition. The injuries noted by the doctors in medical examination of the injured are as under: Injured Raghu Nath ­ 7.11.2003 - 9.20 A.M. at PHC, Tirva 1. Incised wound size 2.00 x 0.5 cm x muscle deep on left palm about 3.0 cm above left wrist joint. 2. Incised wound 2.5 x 0.5 cm x 1.0 cm margins are clear on the right side of abdomen about 11.0 cm away from umbilicus at 8 O'clock position In the opinion of the doctor both the injuries were caused by sharp edged object. Injury no. 2 was advised for operation by the surgeon from District Hospital, Farrukhabad. Injury no. 1 was simple and both injuries were fresh. Chhavi Ram ­7.11.2003 ­12.30 PM at Distt. Hospital, Farrukhabad 1. Incised wound 2.5 cm x 1.0 cm x bone deep over back of abdomen at mid -line lumber region, obliquely placed. Tailing downwards. Blood clot present. Advised X -ray. 2. Incised wound 1.0 cm x 0.5 cm x muscle deep over left side lower part of chest 8.00 cm below from nipple. Tailing downwards. Blood clot present. 3. Abrasion linear 5.0 cm long over left side front of middle of neck obliquely placed. 4. Abraded contusion 1.00 x 1.00 cm over right side top of head. Advised X -ray Injuries no. 1 and 4 were kept under observation and X -ray was advised. Rest were simple. Injuries no. 1 and 2 were caused by sharp edged weapon, while no. 3 and 4 by hard and blunt object due to friction. Duration was fresh. Vishram ­ 7.11.2003 - 2.30 P.M. at PHC, Tirva 1. Abrasion size 4.0 x 0.5 cm on the left side of nose about 10 cm from root of neck. 2. Abraded contusion size 5.0 x 2.5 cm on right side of nech near right shoulder. 3. Complain of pain on thigh left side. No external injury is seen. The doctor has noted that all injuries were caused by hard and blunt object, were simple and fresh in duration.
(3.) DR . Anal Shukla PW -2 conducted autopsy on the corpse of both the deceased and in his post -mortem notes he has noted as under in Hindi: .........[vernacular ommited text]...........;