- (1.) ELEVEN persons, namely, Brij Lal, Ram Khilawan, Chhotey, Ram Saran, Ram Das, Ram Prasad, Shive Ram, Durga Prasad, Chheddu, Sunder Lal and Saheb Deen were tried by the I Ind Additional District and Sessions Judge, Sitapur in Sessions Trial No. 409 of 1980 for offences punishable under Sections 302/149, 323/149 and 324/149, I.P.C. ; in addition, Sunder Lal and Saheb Deen for offence punishable under Section 148, I.P.C. and the remaining for that punishable under Section 147, I.P.C. The learned Judge vide judgment and order dated 30.3.1981 convicted and sentenced them in the manner stated hereinafter: (i) Under Section 302/149, I.P.C. to imprisonment for life ; (ii) Under Section 324/149, I.P.C. to six months R.I. ; and (iii) Under Section 323/149, I.P.C. to three months R.I. In addition, he convicted and sentenced Sunder Lal and Saheb Deen to one year R.I. under Section 148, I.P.C. and Brij Lal, Ram Khelawan, Chhotey, Ram Saran, Ram Das, Ram Prasad, Shive Ram, Durga Prasad and Chhiddu to six months R.I. under Section 147, I.P.C. The aforesaid sentences of the said persons were directed to run concurrently. Aggrieved by their convictions and sentences, the aforesaid eleven persons have preferred the present appeal.
(2.) SHORTLY stated, the prosecution case runs as under: The informant Nakchhed Prasad P.W. 2 is the son of Ram Autar and the brother of deceased Ram Swaroop and Ram Roop. At the time of the incident, he along with the said persons was residing in village Hetha, hamlet of Hazratpur, within the limits of police station Tambaur in District Sitapur. At that time, some of the Appellants were living in village Hetha and some in village Hazratpur ; both of which were situated within the limits of police section Tambaur, District Sitapur. There was enmity between the informant and others on one hand and the Appellants on the other: Sometimes before the incident, Nand Kumar, father of Appellant Durga Prasad was murdered and the informant, the two deceased persons, Lalta Prasad and Ram Kumar were prosecuted for the same. In the said case, Appellant Saheb Deen was an eye -witness. Four to five years prior to Nand Kumar's murder, the informant along with some others had been prosecuted for an offence punishable under Section 307, I.P.C. The informant in the said case was one Banwari, an associate of the Appellant Shive Ram, who was a prosecution witness in the said case. The said case ended in acquittal. Before the said incident, the informant had purchased a grove from one Lala Maharaj Bahadur for Rs. 6,000. Appellants Saheb Deen, Brij Lal, Ram Khilawan, Ram Prasad, Ram Das, Ram Saran, Chhotey and Chhiddu were also interested in jointly purchasing the said grove for Rs. 5,000 and their failure to purchase it resulted in their nursing ill -will against the informant Nakchhed P.W. 2 and his family members. On account of the aforesaid reasons, Appellants bore grudge against Nakched and members of his family. On 19.10.1977, Ram Roop and Ram Swaroop (brothers of the informant), in the presence of Shakoor Ali P.W. 1, were repairing the mend of their grove by taking the mud from ditches (the said work was going on from 10 to 15 days prior to the incident). At about 3.30 p.m., Shakoor Ali P.W. 1 noticed that the eleven Appellants, namely, Brij Lal, Ram Khilawan, Chhotey, Ram Saran, Ram Das, Ram Prasad, Shive Ram, Durga Prasad, Chheddu, Sunder Lal and Saheb Deen came. Saheb Deen and Sunder Lal were armed with kantas and the remaining with lathis. They started felling down the mend. When Ram Roop and Ram Swaroop protested, Appellant Saheb Deen instigated that they be killed and thereafter the eleven Appellants with lathis and kantas started assaulting them. In the meantime, Shakoor Ali P.W. 1 went and informed the informant Nakchhed P.W. 2, who along with his father Ram Avtar came to the place of the incident. Natha Ram P.W. 3 and Babu Ram P.W. 4 also came there. Nakched, Ram Avtar, Natha Ram and Babu Ram saw the eleven Appellants assaulting Ram Swaroop and Ram Roop in the manner mentioned above. When Nakchhed and Ram Avtar tried to save them, the Appellants also assaulted them. Nakchhed snatched kanta from Appellant Saheb Deen and Ram Avtar a lathi from one of the Appellants, and in exercise of their right of private defence of person assaulted the other side. During the course of incident, blood fell on the ground. After assaulting Ram Swaroop, Ram Roop, Nakchhed and Ram Avtar, the eleven Appellants went away. Thereafter Nakchhed took Ram Swaroop and Ram Roop on a bullock -cart to police station Tambaur, district Sitapur, where he lodged his F.I.R.
(3.) THE evidence of C.O. K.L Singh P.W. 8 shows: On 19.10.1977, he was posted as C.O. at police station Tambaur, district Sitapur. On the said date, at 5.15 p.m., the FIR of the incident was lodged by Nakchhed in his presence. He took over the investigation of the case. Since Ram Swaroop and Ram Roop were unconscious, he did not record their statements and sent them along with Nakchhed and Ram Avtar for medical examination. The evidence of Dr. H. K. Kulshrestha P.W. 5 shows: On 19.10.1977 he was posted as Medical Officer at PHC Tambaur, district Sitapur. On the said date, at 8.00 p.m., 8.15 p.m., 8.30 p.m. and 8.50 p.m., respectively he medically examined Ram Roop, Ram Swaroop, Ram Avtar and Nakchhed. On the person of Ram Roop, Dr. Kulshrestha found three lacerated wounds, one swelling and one injury, which he has described as laceration on upper side of pinna. In his opinion the lacerated wounds (which were situated on the head) and the swelling which was located on the left fore arm, were grievous in nature. On the person of Ram Swaroop, Dr. Kulshreshtha found two lacerated wounds and one linear bruise with abrasion. In his opinion, the first lacerated wound, which was situated on the skull (left side) and the linear bruise with abrasion, which was situated on the right side of face below the right ear, were grievous. On the person of Ram Avtar, Dr. Kulshreshtha found one incised wound, one lacerated wound, one diffused swelling and one bruise. On the person of Nakchhed, Dr Kulshreshtha found two bruises and one abrasion. In the opinion of Dr. Kulshreshtha, excepting the incised wound suffered by Ram Avtar, the remaining injuries suffered by the four victims were caused by a blunt weapon and all the injuries of the victims were one quarter day old.;