- (1.) M. C. Jain, J. The order of conviction and sentence dated 29-1-1981 passed by Sri S. N. Prasad, III Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 282 of 1979 has been challenged by the two appellants Pirthi and Dalip in this appeal. Both of them have been convicted under Section 394, IPC read with Section 34, IPC with a sentence of eight years' rigorous imprisonment and under Section 302, IPC read with Section 34, IPC with a sentence of life imprisonment. Both the sentences have to run concurrently.
(2.) THE victim of the felony was one Hira Singh. THE incident occurred on 9-10-1978 at about 3 p. m. at the outskirts of village Devipura near the sugarcane field of Sapattar, P. S. Thana Bhawan, district Muzaffarnagar and the report was lodged by the victim himself the same day at 4. 30 p. m. , who subsequently died. THE distance of the police station from the place of occurrence was about four miles. Both the appellants were allegedly armed with lathis. Out of them, Dalip died during the pendency of the appeal and the appeal has abated so far as he is concerned. THE Court is now concerned with the appeal of Pirthi only. At the revision of the list, none turned up from the side of the appellant Pirthi to argue the appeal, though S/sri P. S. Pandey and Dharmendra Singhal, Advocates represent him on record. The complainant is also represented by Sri D. N. Wali, Advocate, but he too did not turn up at the hearing of the appeal. We have heard Sri G. S. Bisaria, learned A. G. A. from the side of the State and have perused the record. We propose to decide the appeal on merits. The facts, shortly stated, as surfacing from the FIR and the evidence adduced in the Court are these: The victim Hira Singh was a resident of village Mahawatpur, police station Shamli, District Muzaffarnagar. On 9-10-1978 at the fateful time he was coming back to his village Mahawatpur after selling his paddy crop in town Thana Bhawan. When he reached near the sugarcane field of Sapattar at about 3 p. m. situated between village Devipura and main road, after getting down from the bus, the two accused persons Pirthi and Dalip resident of his village Mahawatpur emerged from the said sugarcane field and started assaulting him with lathis. On hearing the alarm raised by him, the witnesses Thakar PW 3 and Lal Singh PW 4 came rushing. The two accused persons, after assaulting him and robbing him of Rs. 300 which he had on his person, disappeared in the said sugarcane field. The victim Hira Singh sustained a number of injuries. The incident was reported at his house by Lal Singh PW 4. Hira Singh's wife came to the spot and accompanied him to the police station Thana Bhawan where he lodged the report after getting it scribed by Omveer Singh PW 7. The investigation was started by S. I. R. D. Arya PW 9. He recorded the statement of the injured victim under Section 161, Cr. P. C. He was referred to P. H. C. Thana Bhawan for medical examined Constable Deewan Singh PW 10 took him there. He was medically examination there on 9-10-1978 at 5 p. m. by Dr. Akhtar Ali PW 2. The following injuries were found on his person: (1) Swelling of right forearm, junction of upper 2/3 and lower 1/3. Suspected fracture of radius and ulna. No contusion, no laceration. (2) Incised wound 6 cm x 2 cm x 2 cm deep between index and middle finger of right hand. No fresh bleeding. Blood clot on palmer surface. (3) Lacerated wound 4 cm x 1 cm at right lower leg, 4 cm above the lower head fibula (lateral side) red in colour. No fresh bleeding. (4) Lacerated wound 2 cm x 2 x bone deep over skin of tibia, 8 cm above ankle joint line of left leg. Slight fresh bleeding present. No blood clot found around the wound.
(3.) HE was sent to District Hospital Muzaffarnagar for needed medical help. HE, however, succumbed to his injuries on way to the District Hospital. His dead-body was brought back to the police station where inquest report was prepared by S. I. R. D. Arya PW 9. The dead-body was sent for post-mortem after completion of formalities. It came to be conducted by Dr. N. D. Bahuguna, PW 1 on 10-10-1978 at 3. 30 p. m. The deceased was about 60 years of age and about one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Bruise 6" x 3" on outer part right arm. (2) Bruise 4" x 2" on upper and outer part of right forearm. (3) Bruise 3-1/2" x 2" back in middle, right forearm, Simple fracture of radius and ulna, middle below. (4) Lacerated wound 1-1/2" x 3/4" x Muscle deep in the arch of right index and middle fingers. (5) Abrasion 2" x 1/2" on lower and outer part of right leg. (6) Lacerated wound 1" x 1/4", bone deep on front and lower one third region of left leg. (7) Bruise 4" x 1-1/2" on back and middle of chest left side. On internal examination, fracture of 5th and 6th rib from vertebral column of left side was found. Lower lobe of left lung was punctured and fractured. The cause of death was shock and haemorrhage as a result of ante-mortem injuries.;