- (1.) Under challenge in this appeal is the judgment and order dated 29.3.1985 passed by VIII Additional Sessions Judge, Agra in Sessions Trial No.259 of 1984 convicting and sentencing the appellants, u/S 147 IPC for one year's' R.I., u/S 325/149 IPC for two years' R.I. and u/S 323/149 IPC for six month's R.I. and all the sentences have been ordered to run concurrently.
(2.) The prosecution case drapped in brevity is that all the appellants belong to one family and they are the resident of village Holipura which is within the territorial jurisdiction of police station Jagner, District Agra. Lakhan Singh, the brother of Nar Singh, one Ram Singh and Swarn Singh, the father of accused appellant no.5 Ram Kishan were the candidates in the election of Gram Pradhan. Swarn Singh wanted Lakhan Singh to withdraw in his favour but Lakhan did not agree with the result that Swarn Singh lost in the election and resultantly 3rd candidate Ram Singh was elected as Gram Pradhan. In this background of enmity, on 24.6.1982 at about 2.30 pm when the informant, his father Maharaj Singh and brother Lakhan Singh were sprinkling manure in their field all the accused appellants including accused Amar Singh having armed with lathis arived on the spot/scene and attacked Nar Singh, Lakhan Singh and Maharaj Singh who had sustained injuries. It is alleged that the witnesses Raja Ram, Govind Singh, Jagdish and many others have reached at the place of incident and on their intervention those persons were saved. A written report (Ex Ka-1) of the incident was lodged at the police station Jagner on the same day at about 4.30 pm by the informant, Nar Singh (P.W-1). All the three injured persons, namely, Nar Singh, Lakhan Singh and Maharaj Singh were medically examined on the same day at Primary Health Centre, Jagner at about 5pm.
(3.) Dr. L.P. Kulshresth had medically examined the injured Maharaj Singh on the same day at 5 pm and found the following injuries on his person: 1.Lacerated wound 5cm x 0.5 cm x deep on the head above 8cm above the left eyebrow (middle 1/3rd); 2.Complaint of pain on right side of head and left side of back. But no mark of injury is seen on the concerned part; 3.Contusion 10cm x 2.5.cm on the left side back scapular region; 4.Contusion 15cm x 2.5cm placed obliquely on the left side of the back 2cm below interior angle of scapula. Injured feels difficulty in breathing. Advised X-ray and injury was kept under observation; 5.Traumatic diffused swelling on an area of 5cm x 6cm on the lateral aspect of left leg 7cm above ankle joint. Advised X-ray and injury was kept under observation. All injuries except injuries nos.4 & 5 which were kept under observation, were simple. He has proved the injury report prepared by Ex Ka-6.;