- (1.) PALOK Basu, J. Criminal Appeal No. 1314 of 1979 has been preferred by (1) Ram Bhajan, son of Sheodan Singh, (2) Bishambhar, son of Babu Singh, (3) Sheodan and (4) Ram Charan, both sons of Har Bhajan while Criminal Appeal No. 1382 of 1979 has preferred by Mahendra, son of Malkhan against the judgment and order dated 16-4-1979 passed by VI Addl. Sessions Judge, Bulandshahr in Sessions Trial No. 528 of 1978 thereby con victing all |the appellants under Sections 302/149 and 323/149, IPC and sentencing them to imprisonment for life and a fine of Rs. 1,000 on the first count and one year's R. I. on the second count and further convicting and sentencing Bishambhar, Sheodan and Rarn Charan under Section 147, IPC to two years' R. I. each and Ram Bhajan and Mahendra under Section 148, IPC to three years' R. I. each. The charge against the appellants was that on 23-5-1978 at about 9 p. m. they formed an unlawful assembly in the Gher of Smt. Sohanbiri in village-Doongra Jat, police-station-Jahangirabad, Bulaad-shahr and with the common object committed murder of Puran by causing knife and Pharsa injuries, punishable under Section 302/149, IPC. The further charge against the appellants was that at the said date, time and place they voluntarily caused simple hurt to Mahabir Singh, PW 2 and Smt. Sohanbiri, PW 1 and thereby committed offence punishable under Section 323/149, IPC.
(2.) ACCORDING to the prosecution case appellants Sheodan and Ram Charan are brothers. Appellant Rambhajan is the son of Sheodan. Bisham bhar appellant is the son of Baburam, uncle of Sheodan. Smt. Sohanbiri, PW 1 is wife of Nepal, another son of Baburam. Rambir is the third son of Baburam to whom sister of Smt. Sohanbiri, PW1 is married and the said Rambir therefore, is the real brother-in-law of Smt. Sohanbiri, PW 1. Injured Mahabir, PW 2 is the son of Ram Swarup, another brother of Baburam. Deceased Puran is the son of said Mahabir, PW 2. Appellant Mahendra is the grand-son of the brother of the grand-father of other appellants, Further case of the prosecution is that on 23-5-1978 Sohanbiri, PW 1 had lodged an F. l. R. at police- station-Jahangirabad against Bishambhar and others that the said accused-appellant Bishambhar had attempted to outrage the modesty of PW 1, Sohanbiri, in a drunken condition. It was said that the dispute concerning partition of the land had grown between them. On F. l. R. having been lodged by Smt. Sohanbiri, PW 1 regarding the said inci dent Bishamber and others felt greatly annoyed. Therefore, at about 9 p. m. the same day (23-5-1978) when PW 1 Sohanbiri was feeding she-buffalo with the help of a lantern in her hand the appellant Mahendra armed with Pharsa, appellant Rambhajan armed with knife and the other appellants armed with Lathis came to the Gher of Sohanbiri, PW 1, gave her beating and kicks and fists blows along with hurling abuses on her. On the hue and cry raised Puran, Mahabir Bhim Singh, Rampal and others arrived at the Gher and Puran said that the appellants should not misbehave with Sohanbiri, PW 1. At this appellant Mahendra instigated saying that Puran be done to death then and there, at which he himself assaulted Puran with Pharsa while appellant Ram bhajan inflicted knife injuries on Puran, Mahabir, PW 2 tried to save his son Puran but was also beaten with lathi and Pharsa. Puran fell down in the Rasta adjoining the Gher after which all the appellants ran awav. Puran, PW 1 Sohanbiri and PW 2, Mahabir were then taken to Jahangirabad hospital where they were medically examined and treated. Puran, however, died the same night at 2. 15 a. m. (24-5-1978 ). PW 1 Sohan biri lodged an F. l. R. at police-station Jahangirabad at 3. 30 a. m.
(3.) DR. R. C. Sharma, PW 4, is the Medical Officer of District Board Hospital, Jahangirabad. He medically examined Puran now dead, in the Hospital at 1a. m. in the night of 23/24-5-1978 and found the following injuries on his person : (1) Incised wound 4 cm. X 2 cm. X 2. 4 cm. on the left arm upper portion near shoulder. (2) Incised wound 6 cm. X 7 cm. X 2 cm. on the fore-arm left side. Lower half. (3) Incised wound 7 cm. X 4 cm. deep up to rib bone 2 cm. on the chest left side. Injuries aie grievous, caused by sharp weapon, alleged duration about three hours is possible. The injury report prepared by this witness concerning this medical examination, Ext. Ka. 2. The. same night at 1. 25 a. m. he medically examined Mahabir Singh, PW 2 and found the following injuries on his persop; (l) Contusion 7 cm. X 2 cm. on the back over scapular region right Side (2) Incised wound 1. 2 cm. X 0. 2 cm. on the right hand palm dorsal Surface. Injuries simple, caused No. (1) by blunt weapon and No. (2) sharp weapon, alleged duration about three hours is possible.;