N.N.Sharma - (1.) THERE are four appellants in this appeal; all the appellants are own brothers, resident of village Bishanpur, P. S. Gyanpur district Varanasi.
(2.) BABBAN appellant have been convicted under Sec. 307 simplicitor and 326/34, 323/34 and again under Sec.323/34 of Indian Penal Code. BABBAN has been sentenced to five years rigorous imprisonment under Sec. 307, three years R. I. under Sec. 326 read with Sec. 34 and six months R. I. under both counts viz. 323 read with Sec. 34 of Indian Penal Code. Kallu, Sattan and Mattan have been convicted under Secs.307/34, 326/34, 323/34 and 323/34 of Indian Penal Code, all of them have been sentenced to undergo rigorous imprisonment for three years, three years, six months and six months respectively under the said counts. All the sentences were ordered to run concurrently by Sri M. M. H. Siddiqi, learned Addl. Sessions Judge, Gyanpur, Varanasi on 16-6-1977. The prosecution story briefly stated is that appellants on 5th May, 1973 at about 8 A. M. in furtherance of their common intention,injured Jokhan and his mother Smt.Reshmi in front of their house. The parties are inter-related. However, relations amongst the parties were embittered on account of some affair about Ghost, as first wife of Dular had expired and it was believed by the appellants that she harassed them.
(3.) A written report Ext. Ka. 1 about the occurrence was lodged by Jokhan at police station in the same forenoon at 11.15 A. M. The distance of police station from the scene of occurrence was four miles. It was laid in the report that on that morning at 8 A. M. while Jokhan was sitting at his door appellants attacked him with Gandasa and lathis on account of enmity of ghost affair and this inflicted injuries on his hand and index finger, When he raised alarm Smt.Reshmi also came there. She was also attacked by the appellants and sustained injuries. On the basis of this report Sri Surendra Nath Rai, Head Constable Police Station Gyanpur prepared First information Report Ext. Ka. 9 and registered a case in General Diary viae Ext. Ka. 10. Injured were examined in Gyanpur Hospital by Dr.N, D. Burman (PW 5), the then Medical Officer. The following injuries were defected on the person of Jokhan at 11.25 A. M. On the same day. 1. One incised wound obliquely 6 cm. x 1-1/2 cm. x bone deep on the right side of skull 4 cm. above the right eye brow. The margins of the wound were clean cut. 2. One incised wound obliquely 2-1/2 cm. x 2 cm. x bone deep on the outer part of right index finger. The margin of the wound clean cut. 3. A lacerated wound 2 cm. x 1 cm.x 1 cm. on the inner part left little finger.;