Ramesh Sinha, J. - (1.) HEARD Sri Jagdeo Singh, learned counsel for the appellants, learned A.G.A. and perused the record. This appeal has been filed against the judgment and order dated 2.6.1982 passed by Sessions Judge, Bijnor in S.T. No. 19 of 1982, State v. Rishi Pal and others, convicting and sentencing the appellants under Sections 304, Part II/34 and 323/34, I.P.C. and sentencing each of them for the first count 3 years and second count 3 months.
(2.) THE prosecution story is as below: On 26.7.1981 at about 6.30 p.m., Dal Singh is said to have been injured by the accused persons and also his sons Kishan Singh and Kripal Singh in village Sarai Gurha. A report of this occurrence was made orally by Kripal Singh at P.S. Najibabad. On that basis chick report Ext. Ka -4 was prepared at 0.15 a.m. on 27.7.1981, according to which Dal Singh had gone to house of Udhey to make grievance that Udhey had unnecessarily given a lathi blow to his minor son Ram Autar. In fact his cattle did not enter the field of Udhey but those of others, though all the catties were together. There all the four accused persons who are related to Udhey struck him with lathis. On hearing that their father was being beaten by the accused persons Kripal Singh and Kishan Singh rushed to the house of Udhey and tried to rescue their father. The accused persons then gave lathis blow to them also. On their alarm witnesses were attracted to the scene viz. Hari, Sher Singh, Ghanshyam etc. They intervened Kripal Singh then brought his unconscious father in a cart to the Police Station and lodged this report. The copy of the corresponding C.D. in this regard prepared at the Police Station is Ext. Ka -5. The Police sent all the three injured persons for medical examination. Injuries of all the three were examined by Dr. Harish Chand Dua P.W. 4 at Primary Health Centre Najibabad on 27.7.1981 at 1.10 a.m. The injury report of Kishan is Ext. Ka -1 and these of Kripal and Dal Singh are Exts. Ka -2 and Ka -3 respectively.
(3.) THE doctor found the following injuries on the person of Kishan: (1) Contusion over back right side supra scapular region, 11 cm. x 1 1/2 cm. downwards medially from the top of right shoulder. (2) Contusion over left side back 9 cm. x 1 1/2 cm. Over supra scapular region left side downwards medically. (3) Contusion in front of right firearm 6 cm. x 1 cm. Surrounded by traumatic swelling 6 cm. X 1 cm. Injury kept under observation. Advised X -Ray. (4) Abrasion over lateral aspect of left wrist joint and adjoining parts of hand and forearm 6 cm. x 1 -1/2 cm. Traumatic swelling extending upto thenar eminence in area 10 cm. x 4 cm. He found the following injuries on the person of Kripal Singh: (1) Contusion 10 cm. X 1 1/2 cm. over right supra scapular region downwards medially. (2) Contusion over posterior lateral aspect of right elbow joint and adjoining part of fore -arm measuring 9 cm. x 1 -1/2 cm. (3) Contusion over back of left fore -arm 4 cm. x 1 -1/2 cm. X 4 cm. above wrist joint. He found the following injuries on the person of Dal Singh: (1) Lacerated wound 4 -1/2 cm. x 1/2 cm. bone deep over right parietal region of skull, 8 cm. above the top of right ear. Margins contused. Injury kept under observation. Advised X -Ray. (2) Traumatic swelling 9 cm. x 5 cm. Over left temporal region of skull just in front and above the left ear. Injury kept under observation, devised X -Ray.;