B.C.JAUHARI,J. - (1.) THIS appeal has been filed by Shyam Bihari, Tej Ram and Puran who have been convicted by Sri Chandra Prakash, Sessions Judge, Pilibhit vide his judgment dated 25.4.78 under Sections 325/34, 323/34 and sentenced to undergo rigorous imprisonment for a period of five years and six months respectively. The sentences were ordered to run concurrently.
(2.) THE prosecution case is that a day prior to the occurrence there was a Katha at the house of Jai Ram brother of Lukai P.W. 1 and for the Prasad he had borrowed milk from the brother of the accused -appellant one Munna Lal. The next day i.e. 15.5.77 in the noon the mother of the accused Smt. Chameli started abusing Lukai P.W. 1 in front of his house and added that they were spoiling her sons. Beni Ram deceased was returning after bringing mud and also told Smt. Chameli not to indulge in abusing. Upon this all the three appellants came armed with lathis and started beating Beni deceased with lathis. Beni ran towards the well and fell in the way. Lukai also ran and was also given beating by the accused. Lukai also claimed to have used his lathi in self -defence. The witnesses arrived there and then the marpit came to an end. A report Ex. ka 1 was lodged at the Sections 323/504/506 Indian Penal Code. The injuries of Beni were examined by Dr. V. P. Agrawal P.W. 4 who found three lacerated wound on his person vide Ex. ka 2. The injuries of Lukai were also examined by Dr. V.P. Agrawal and he was also found to have a lacerated wound, tow conclusions and an abruded contusion vide Ex. ka 3. On 8.5.77 an autopsy on his dead -body was performed by Dr. J.N.L, Arora P.W. 5. He found three lacerated wounds noted in the injury report of Dr. V.P. Agrawal. Then on internal examination he found right parietal bone fractured at two points and there was haematoma 8 cm x 6 cm under injury Nos. 1 and 2 and another haematoma under fractured bone. In the opinion of the doctor the death was due to shock and conclusion and the injuries were sufficient in the ordinary course of nature to cause death.
(3.) SAJID Ali Sub -Inspector P.W. 9 investigated the case, recorded the statements of the witnesses, inspected the locality prepared the site -plan Ex. ka -12 and ultimately submitted the charge -sheet against the accused.;