Kundan Singh, J. - (1.) This appeal has been preferred by Chandra Bhavan, Hublal, Palwa, Ram Pyare and Shiv Balak against the judgment and order dated 31.7.79 passed by Sri D. N. Shukla 1st. Addl. Sessions Judge, Banda, in Session Trial No. 80 of 1979 whereby the appellants Chandra Bhavan and Palma have been convicted under Section 148 I.P.C. and sentenced to undergo 6 months rigorous imprisonment, while appellants Hublal, Ram Pyare and Shiv Balak have been convicted under Section 147 I.P.C. and sentenced to undergo 6 months rigorous imprisonment. All the five appellants have been convicted under Section 307/149, 326/149 and 324/149 I.P.C. to undergo rigorous imprisonment for one year, 9 months and 6 months, respectively, with the direction to run all the sentences concurrently.
(2.) The brief facts of the prosecution case are as follows: The field of the informant Sahdev was adjacent to the field of Badal alias Mata Badal in 'village Baram Baba Ka Purwa, a hamlet of village Bhavai Kalan, Police Station Mau, Distt. Banda. Badal alias Mata Badal had included 2 gates land of the informant Sahdev in his field. The field of Sahdev and Badal alias Mata Badal were measured by Lekhpal in the presence of Amhika Prasad Pradhan, Misri Lal and others four days prior to the occurrence and some boundary pillars were fixed after taking out 2 gates land from the field of Mata Badal alias Badal. On the day of occurrence, one boundary pillar had been uprooted by Chandra Bhavan S/o Badal alias Mata Badal. In the morning the informant Sahdev made a complaint to Badal alias Mata Badal F/o Chandra Bhavan that it was not proper and as the fields were measured in the presence of pradhan and other persons, he should not have uprooted the boundary pillar. On the day of occurrence i.e. on 20.8.77 at about 7.00 A.M., informant Sahdev was returning to his house after easing out himself. When he reached at the field of Babu Charan, accused Ram Bhavan and Chandra Bhavan armed with pharsas, Palwa armed with a country made pistol and Shiv Bhavan, Buddhan, Pardeshi, Sunder, Ram Pyare, Shiv Balak, Taddha and Bhaiya Lal armed with lathis reached there. Ram Bhavan instigated all of them to kill Sahdev and they started assaulting him, Sahdev cried for help and tried to run from the scene of the occurrence. At that time Dashrath, Rajju, Mata Badal and Theda who were in vicinity rushed to the place of occurrence. However, the accused Assaulted Dashrath also. Palwa fired a shot at Rajju and Chandra Bhavan gave a pharsa blow on the informant whose thumb and finger had cut. Injured persons in order to save their lives entered their houses but the assailants surrounded their houses and that is why the complainant could not go to Police Station for lodging a report. After getting opportunity the informant Sahdev lodged the first information report at 3.45 P.M. on 20.8.77 at the Police Station Mau, Distt. Banda. The distance of the place of occurrence from the police station is about 3 miles. In the F.I.R. it was mentioned that the injured persons also wielded their lathis in self defence and the assailants also sustained some injuries. The injuries of Dashrath, Rajju and Sahdev were examined by Dr. Raj Narain Gupta (P.W. 4). On medical examination, Dr. Raj Narain Gupta (P.W. 4), found the following injuries on the person of Dashrath : 1. Lacerated wound :3.5 cms. x 0.4 cm x scalp deep on back of middle head near top, vertically oblique, serious and blood mixed discharge on touch present, dry blood found, around the wound. 2. Abraded Bruish : 2 cm x 1.8 cm on back of right shoulder, oblique, unscabbed, redish dry blood present. 3. Incised wound : 1.5 cm x 0.3 cm x skin deep on upper part of upper and outer quandrant of left glutial region, oblique serous discharge found, dry blood found around the wound, margins clean cut, directed from below out wards to above in wards. 4. Incised wound : 1.4 cms x 0.2 cm x skin deep on radial side of left wrist vertically placed, directed from above down wards, dry blood-found margins cleancut.
(3.) Dr. R. N. Gupta (P.W. 4) who also medically examined Rajjoo found the following injuries on his person : Injuries : 1. Gun shot wound of Entry-0.4. cm in diameter skin deep on outer aspect of upper ⅓ part of left arm pellet found embedded in the wound which being taken out, margins lacerated and inverted, direction from left to right, No blackening or tattooing found dry blood found on around the wound. The injury is simple, is caused by fire arm, duration about ⅔ day.;