P.N.Goel, J. - (1.) Both these appeals are directed against the order dated 2-2-1976 passed by the Ist Additional Sessions Judge, Etawah in S. T. No. A 234 of 1975. Misri Lal, Mahesh Chand, Sadhu Singh and Lalloo Singh were convicted under Section 304, Part II I.P.C. and given benefit of Section 4 of the U.P. First Offenders Probation Act in view of the provisions of Section 361 of the Criminal P. C, 1973.
(2.) The occurrence took place on 7-11-1972 at about 1 P. M. within the limits of Nagla Bhawan, hamlet of Pali Khurd, police station Bhartana, District Etawah some cattle belonging to Misri Lal, Mahesh Chand, Sadhu Singh, sons of Jahar Singh. D. W. 4 and Lalloo Singh, son of Johari Singh, residents of Nagla Ajai, hamlet of village. Bhanpur, police station Bhartana, district Etawah, were grazing the Laha field of Man Singh, uncle of Amar Singh, P. W. 2, native of Pali Khurd. Man Singh and Amar Singh were harvesting bajra crop from their field just to the north of the field having Laha. On seeing that the cattle were grazing recently sown Laha crop, they came up and drove the cattle towards south. They reached in the field of Sadan Singh where Misri Lal, Mahesh Chand, Sadhu Singh and Lalloo Singh were relaxing. These 4 parsons had lathis. Instead of taking away their cattle they assaulted Man Singh and Amar Singh with lathis because they were carrying the cattle towards the pound. Thereafter they took away their cattle. It is apparent that the marpeet took place in the field of Sadan Singh. As a result of the injuries sustained Man Singh became unconscious. He was taken to his house on a cot. Amar Singh wrote a report at his house. Then he Proceeded to the police station along with injured unconscious Man Singh. On reaching police station which is 3 or 4 miles away at 4-15 P. M. Amar Singh lodged his report. The police then sent both the injured to Bhartana hospital for the examination of their injuries.
(3.) Dr. S. C. Gupta, P. W. 1, first of all examined Amar Singh at 4-30 P. M. and found following simple injuries on his person: 1. Lacerated wound 3/4" x 1/4" x scalp right side 2" from hair line. 2. Lacerated wound 1 1/2" x 1/4" x (scalp deep on back of scalp left side 3" above and behind left ear. 3. Abrasion 1/4" x 1/2" on left side forehead 1/2" above left eyebrow.;