Vishnu Sahai, J. - (1.) -This appeal has been preferred by Jia Ram Verma and Buddhu Verma against the judgment and order dated 24.3.1981 passed by the Sessions Judge, Sultanpur in Sessions Trial No. 38 of 1980, whereby they have been convicted and sentenced in the manner stated hereinafter ; under Section 302 read with Section 34, I.P.C. to imprisonment for life ; under Section 324 read with Section 34, I.P.C. to one year's R.I. ; and under Section 323 read with Section 34, I.P.C. to six months' R.I. ; Further Jia Ram Verma was convicted and sentenced to undergo 1-1/2 years R.I. for the offence punishable under Section 324, I.P.C. and Buddhu Verma to 1 year's R.I. for that punishable under Section 323, I.P.C. The sentences of the appellants were ordered to run concurrently. It is pertinent to mention that although in the F.I.R. two other accused, namely, Radhey Shyam and Ayodhya Pandey were nominated but from the evidence on record it is not clear why they were not put up for trial.
(2.) SHORTLY stated, the prosecution case runs as under : The informant Ram Lakhan (P.W. 1), Sahdeo (P.W. 2), Bhagelu (P.W. 4), Ms. Sarju Dei (P.W. 5), the deceased Paras Nath and the appellants, at the time of incident, were living in village Urdhanpur within the limits of police station Jaisinghpur, district Sultanpur. On 30.1.1978, at about 2.00 p.m., while Ms. Sarju Dei (P.W. 5) was on way to see her field, wherein rai and sarson crop was standing and had reached the northern corner of the field of Jagnarain, she saw Ginai, sister of appellant Jia Ram Verma, uprooting rai and thereafter running towards the house of her father Ram Awadh. She remonstrated. On that appellants Jia Ram Verma and Buddhu Verma along with co-accused Ayodhya and Radhey Shyam came. Appellant Buddhu was having, a lathi and remaining three ballams. Buddhu started assaulting Ms. Sarju Dei with lathi. Seeing this the informant Ram Lakhan (P.W. 1), Sahdeo (P.W. 2) and the deceased Paras Nath, who were in an adjoining potato field, came to her rescue, whereupon the appellants, and co-accused Ayodhya and Radhey Shyam belaboured them. Hearing cries Bhagelu (P.W. 4) and Jagnarain also came there. On being reprimanded, the appellants and others ran away. In order to save themselves, Ram Lakhan and Sahdeo assaulted the accused with the handles of kudal. Thereafter the informant putting Paras Nath, who was precariously injured, on a cot along with Ms. Sarju Dei and Sahdeo, proceeded to police station, Jaisinghpur. On the way, Paras Nath succumbed to his injuries. At police station, Jaisinghpur, the informant Ram Lakhan lodged his F.I.R. The evidence of Head Constable Govind Saran Tripathi (P.W. 6) shows thus : On the date of incident, i.e., on 30.1.1978, at 3.40 p.m., the informant Ram Lakhan, accompanied by Ms. Sarju Dei and Sahdeo came to police station, Jaisinghpur and lodged his F.I.R. On the basis of it, he prepared a chik F.I.R. (Ex. Ka-1). He found injuries on the person of Sarju Dei, Sahdeo and the informant, which he recorded in case diary and sent them for medical examination. His evidence also shows that the same day at 4.20 p.m., he registered a case on the basis of a counter F.I.R. lodged by appellant Jia Ram, a true copy of which is Ex. Kha-1, and noted the injuries on the person of appellants Jia Ram and Buddhu in the general diary and sent them for medical examination. The injuries of Sahdeo were medically examined on 30.1.1978 at 6.30 p.m. by Dr. R. D. Tripathi (P.W. 3) Medical Officer on Emergency Duty, District Hospital, Sultanpur, who found on his person the following injuries : (i) Lacerated wound 1 cm. x .5 cm. x scale deep on the head 13 cm. above radial to rt. ear bleeding present irregular edge. (ii) P.W. 1.2 cm. x .5 cm. x 1 cm. on the rt. side of the back 6 cm. In the opinion of Dr. Tripathi, the said injuries were fresh ; Injury No. 1 was attributable to a blunt weapon ; and No. 2 to a pointed weapon.
(3.) THE injuries of Ram Lakhan and Smt. Sarju Dei were medically examined by Dr. Ram Surat (P.W. 7) Medical Officer, Primary Health Centre, Jaisinghpur on 30.1.1978 at 7.30 a.m. and 8.00 a.m. respectively. On the person of Ram Lakhan, Dr. Ram Surat found the following injuries : (i) Lacerated wound on the left side of scale 12 cm. above the left ear, size 10 cm. x 0.5 cm. x skin deep. (ii) Incised wound on the palmer aspect of rt. hand 2 cm. behind the base of rt. hand directed laterally, size 2 cm. x 0.5 cm. x 0.5 cm. margins clean cut and well defined. (iii) Punctured wound on the posterior aspect of rt. thigh 7 cm. above face rt. knee joint directed laterally, size 1.5 cm. x 0.5 cm. x 1.5 cm., margins clean cut and well defined. (iv) Contusion on the superior aspect of left shoulder, size 6 cm. x 2 cm. Duration of injuries.-About 16 hrs. old. In the opinion of Dr. Ram Surat, injuries Nos. 1 and 4 were caused by a blunt weapon, No. 2 by a pointed weapon and No. 3 by a sharp cutting weapon. On the person of Smt. Sarju Dei, Dr. Ram Surat found the following injuries : (i) Lacerated wound on the rt. side of forehead 6 cm. above the rt. eyebrow, directed laterally size 6 cm. x 0.5 cm. x 1 cm. (ii) Contusion the left side of back in the left scapula region medial leterally side 7 cm. x 2 cm. (iii) Contusion on the rt. side of back in the rt. scapula region size 6 cm. x 2.5 cm. In the opinion of Dr. Ram Surat, the said injuries were simple in nature and attributable to a blunt weapon. The injuries of appellants Jia Ram and Buddhu Verma, and that of the former's father Ram Awadh and mother Smt. Pranpati (wife of Ram Awadh) were medically examined by Dr. Ram Surat (P.W. 7) Medical Officer, Primary Health Centre Jaisinghpur on 31.1.1978 at 8.30 a.m., 9.00 a.m., 9.45 a.m. and 10.30 a.m. respectively. On the person of Jia Ram Dr. Ram Surat found the following injuries : (i) Punctured wound on the anterior aspect of left leg size 2 cm. x 1 cm. x 1/5 cm., 9 cm. above the left ankle joint, directed vertically, margins clean cut and well defined. (ii) Punctured wound on the lateral aspect of left leg 7 cm. above the lateral malleulus size 1.5 cm. x 0.5 cm. x 2.5 cm. directed vertically margins clean cut and well defined. (iii) Contusion on the right side of back in the right scapula region directed laterally size 7 cm. x 2.5 cm. Duration - About 16 hours old. In the opinion of Dr. Ram Surat, injury Nos. 1 and 2 were attributable to a sharp pointed weapon and injury No. 3 to a blunt weapon. On the person of Buddhu Verma Dr. Ram Surat found the following injuries : (i) Lacerated wound on the left side of scalp 9 cm. above the left eyebrow in middle directed obliquely size 3.5 cm. x 0.5 cm. x skin deep. (ii) Lacerated wound on the scalp 4 cm. above the occipital eminence directed laterally size 4 cm. x 0.5 cm. x skin deep. (iii) Contusion on the right side of scalp 7 cm. above the right ear directed laterally size 6 cm. x 2.5 cm. (iv) Contusion on the superior aspect of right shoulder joint directed anterio-posteriorly, size 7 cm. x 3 cm. (v) Suspected dislocation of right shoulder joint Adv. X-ray to confirm the injury. (vi) Contusion on the dorsal aspect of left thumb in the middle directed laterally size 2 cm. x 1.5 cm. (vii) Contusion on the left side of back in the left scapular region directed laterally size 6 cm. x 2 cm. (viii) Contusion on the lateral aspect of right lateral joint directed laterally size 2 cm. x 2 cm. (ix) Contusion on the dorsal aspect of middle finger of right hand at the level of first interphalangeal joint directed laterally size 2.5 cm. x 1.5 cm. (x) Suspected fracture of lower end of one phalanx of middle finger of right hand advised x-ray to confirm the injury. (xi) Contusion on the posterior aspect of left thigh 20 cm. above the left knee joint directed laterally size 8 cm. x 3 cm. (xii) Contusion on the posterior aspect of right leg 11 cm. above the right ankle joint. Directed laterally size 5 cm. x 2 cm. Duration of injuries - About 16 hours old. In the opinion of Dr. Ram Surat all the injuries were caused by blunt object. On the person of Ram Awadh, Dr. Ram Surat found the following injuries : (i) Incised wound on the dorsal aspect of left hand 1 cm. behind the base of index finger of left hand, directed laterally size 2 cm. x 0.2 cm. x skin deep margins clean cut and well defined. (ii) Contusion on the dorsal aspect of left hand 5 cm. below the left wrist joint directed laterally size 7 x 4 cm. (iii) Suspected fracture of metacarpal bone of middle finger of left hand advised x-ray to confirm the injury. (iv) Contusion on the superior aspect of right shoulder joint directed anterio-posteriorily size 5 cm. x 2 cm. (v) Contusion on the left side of back to the left scapular region directed laterally size 6 cm. x 2.5 cm. (vi) Contusion on the right side of back 6 cm. below the lower end of right scapular bone directed laterally size 8 cm. x 2.5 cm. In the opinion of Dr. Ram Surat, injury No. 1 was caused by sharp cutting weapon and the other injuries by a blunt weapon and the injuries were 16 hours old. On the person of Smt. Pranpati Dr. Ram Surat found the following injuries : (i) Lacerated wound on the scalp 8 cm. below the occipital eminence directed obliquely size 9 cm. x 1 cm. x 1 cm. (ii) Contusion on the lateral aspect of left thigh 17 cm. above the left knee joint directed laterally size 6 cm. x 2.5 cm. (iii) Contusion on the dorsal aspect of left forearm 10 cm. above the left wrist joint, directed laterally size 4 cm. x 2 cm. (iv) Contusion on the lateral aspect of right thigh 22 cm. above the right knee joint directed obliquely size 2 cm. x 2 cm. (v) Contusion on the left buttock directed laterally size 6.5 cm. x 2.5 cm. In the opinion of Dr. Ram Surat the said injuries were about 16 hours old and were attributable to a blunt weapon. ;