Vishnu Sahai, J. - (1.) -Six persons, namely, Rama Shanker, Ram Ujagar, Tirath Nath, Arjun Prasad, Radhey Shyam and Ram Chandra were charged by the IIIrd Additional Sessions Judge, Sultanpur in Sessions Trial No. 59/1982 for offences punishable under Sections 302/149, I.P.C. ; 325/149, I.P.C. and 323/149, I.P.C. In addition, Tirath Nath was charged for the offence punishable under Section 148, I.P.C. and the remaining five, namely, Rama Shankar, Ram Ujagar, Arjun Prasad, Radhey Shyam and Ram Chandra for that punishable under Section 147, I.P.C. The learned Judge vide judgment and order dated 13.1.1984 convicted and sentenced them in the manner stated hereinafter : (i) Under Section 302/149, I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 500 in default to undergo two months' R.I. ; (ii) Under Section 325/149, I.P.C. to undergo one year's R.I. ; and (iii) Under Section 323/149, I.P.C. to undergo six months' R.I. In addition, Tirath Nath was convicted and sentenced to undergo one year's R.I. for the offence punishable under Section 148, I.P.C. and the remaining five, namely, Rama Shankar, Ram Ujagar, Arjun Prasad, Radhey Shyam and Ram Chandra to one year's R.I. under Section 147, I.P.C. The sentences were directed to run concurrently.
(2.) AGGRIEVED by their convictions and sentences Rama Shankar, Ram Ujagar, Tirath Nath, Arjun Prasad, Radhey Shyam and Ram Chandra have preferred the instant appeal. It is significant to mention that during the pendency of the appeal, appellants Rama Shankar and Ram Chandra have been reported to be dead by the C.J.M., Sultanpur. Consequently, their appeal would stand abated in terms of Section 394, Cr. P.C. Shortly stated, the prosecution case runs as under : The informant Jagat Narain Pandey, P.W. 1 is son of the deceased Ram Asrey Pandey. At the time of the incident, he along with his mother Kamla Devi P.W. 2, was living in village Loniyapur within the limits of P.S. Amethi, district Sultanpur. At that time, his father Ram Asrey Pandey was posted as a police constable in district Pratapgarh and often used to come to village Loniyapur. Appellants Rama Shankar, Ram Ujagar, Tirath Nath, Arjun Prasad, and Radhey Shyam, at the time of the incident, were living in village Barhaipur, hamlet of Loniyapur within the limits of police station Amethi, district Sultanpur and the sixth appellant, Ram Chandra was living in Amethi in district Sultanpur. 3.1. Out of the six appellants, appellant Ram Ujagar is the real brother of the deceased Ram Asrey. Appellant Rama Shankar is the son of Ram Ujagar and the remaining appellants are associates of Ram Ujagar. 3.2. There was enmity between the informant and deceased Ram Asrey on one hand and appellant Ram Ujagar on the other. About one and a half months prior to the incident, a fight had taken place between the informant and Ram Ujagar. In respect of it, Ram Ujagar had lodged an F.I.R. at police station Amethi against the informant, his father Ram Asrey and four of their relations. 3.3. On 16.7.1980, the deceased Ram Asrey had come from Pratapgarh to his house situated in village Loniyapur. On 17.7.1980 at about 1.30 p.m., he along with his wife, namely, Kamla Devi P.W. 2 had gone to see this paddy field situated to the south of the village. At that time, the informant was ploughing his field situated in the southern direction. One hour later (at about 2.30 p.m.), when Ram Asrey and Kamla Devi were returning from their paddy field and had reached near Birju Lonia's field, appellant Tirath Nath emerged and inflicted a farsa blow on the head of Kamla Devi which struck her. Thereafter, he inflicted two more blows with the blunt side of the farsa on her. Seeing this, Ram Asrey ran towards his house. Appellant Tirath Nath chased him and inflicted a farsa blow on his head. In the meantime, the other five appellants, namely, Rama Shankar, Ram Ujagar, Arjun Prasad, Radhay Shyam and Ram Chandra, armed with lathis emerged and along with Tirath Nath started chasing Ram Asrey. They assaulted Ram Asrey. As a consequence of the assault, Ram Asrey fell down in the field of Ayodhya. The assault was launched by the appellants on Ram Asrey on the instigation of Ram Ujagar that he be killed. Apart from Kamla Devi, this incident was seen by the informant himself, who while attempting to rescue his parents was also assaulted with lathi by appellants. After assaulting Kamla Devi, Ram Asrey and the informant Jagat Narain Pandey, the appellants ran away. Thereafter, the informant came and saw that his father Ram Asrey was dead. Leaving the corpse of his father Ram Asrey under the care of villagers he proceeded to police station Amethi, where he lodged his F.I.R. The F.I.R. of the incident was lodged by Jagat Narain Pandey, P.W. 1 on 17.7.1980 at 4.20 p.m. at police station Amethi, district Sultanpur, the distance between the place of the incident and the aforesaid police station being two miles.
(3.) THE injuries of Jagat Narain and Kamla Devi were medically examined on 17.7.1980 at 8.00 p.m. and 8.30 p.m. respectively by Dr. R. K. Khandari, C.W. 1 at Primary Health Center, Amethi. On the person of Jagat Narain Pandey, Dr. Khandari found the following injuries : (a) C/o pain on the middle of back. No marks (sic) of Ext. Inj. seen. (b) Pain on the left side gluteal region. No marks of Ext. Inj. seen. (c) Pain on the left side of ankle joint. No marks of Ext. Inj. seen. On the person of Kamla Devi, Dr. R. K. Khandari found the following injuries : (a) Lacerated wound 2-1/2 cm. x 1/2 cm. x bone deep on the left forehead 1 cm. above the left lat. side of eyebrow. Clotted blood +++. (b) Contusion 1/2 cm. x 1/2 cm. on the lat, end of clavicle on (L) side. Reddish in colour. (c) Traumatic swelling 10 cm. x 0 cm. on the back of left hand. Adv. X-ray. (d) Contusion 10 cm. x 2-1/2 cm. on the (L) middle of thigh on antero lat. position. (e) Traumatic swelling with contusion 6 cm. x 2-1/2 cm. on (L) leg with Tr. Swelling extending from knee joint to middle of leg. Reddish in colour. Adv. X-ray of part. (f) Traumatic swelling 5 cm. x 3 cm. on the left side of chest 6 cm. above the last rib. Adv. X-ray of (L) side of chest. In the opinion of Dr. Khandari, the injuries of Kamla Devi were attributable to a blunt weapon and excepting Injury Nos. 3, 5 and 6, in respect of which he advised the X-ray, the remaining were simple in nature. In his deposition in the trial court Dr. Khandari stated that the injuries of both the injured could have been caused on 17.7.1980 at 2.30 p.m. The evidence of Dr. O. P. Sharma, C.W. 2 shows that on 31.7.1980, he got the X-ray of Kamala Devi performed in his presence and on the left hand, first and second metacarpal bones were fractured.;