- (1.) A. B. Srivastava, J. This appeal is directed against a judgment and order dated 9-8-1983 of the 3rd Additional Sessions Judge, Meerut. whereby he con victed the three accused-appellants of the offences punishable under Section 302/ 34 and 323/34,1. P. C. and sentenced each of them to imprisonment for life and R. I. for one year respectively on the two counts and further convicted appellant Salekh Chand under Section 324 and appellants Ved Pal and Ajit under Sec tion 324/34, l. P. C. and sentenced each of them to R. I. for two years. The sentences on all the counts have been directed to run concurrently.
(2.) THE relationship between the parties to this litigation will be borne out from the pedigree stated by Roop Chand (P. W. 1), the first informant, according to which Ballu Singh, Malkhan Singh and Ram Swarup (P. W. 2), residents of village Dagarpur, P. S Chandinagr, District Meerut are real brothers. Deceased Natthu Singh, informant Roop Chand (P. W. I) and Lila (P. W. 3) are the sons of Ballu Singh. THE three accused-appellants Salekh Ved Pal and Ajit Singh are the sons of Malkhan Singh. THE house of the branch of the accused persons is situated towards south, that of the branch of the first informant is situated towards north and that of Ram Swarup is situated in between the two. According to the prosecution version in connection with the marriage of appellant Ajit Singh which took place on 7-5-1982 his family had borrowed utensils from the family of the first informant. The utensils included a big 'parat' of brass. About 8-10 days after the marriage while returning the utensils appellant Ved Pal brought a 'parat' of lighter weight than the one given to them. Which was consequently returned and Ved Pal took it back saying that he will give a 'parat' in place of it. The said assurance was repeated on 31-5-1982 by appellant Salekh Chand On 6-6-1982 at about noon while Ballu Singh along with his three sons Natthu Singh, ROOD Chand and Lila were sitting in front of their 'baithak' the three brothers appellants Ved Pal, Ajit Singh and Salekh Chand came there with two 'parats', one new, and the other old, and asked Roop Chand to pick up his 'parat' on which Roop Chand replied that he could not identify his 'parat', they should collect the various 'parats' berrowed in connection with the marriage, to enable the female members of his family to identify and pick up their own 'parat'. On this the accused persons collected and brought 5-6 'parats' and brought the same to the house of the first informant, along with their uncle Ram Swarup and his son Satyavir. The ladies of the house picked up one of the 'parats* which had not been used much, as their own, on which Ved Pal asked Roop Chand to swear before the Punches that it was his 'parat'. Roop Chand declined to take oath and deceased Natthu Singh said that the accused persons may take all the 'parats' including the one picked up by the ladies of his family. On this appellant Ajit retoreded that if he was so generous why did he not repay the debt owed by his father. On this informant Roop Chand denied that there was any debt due to the appellants and said that if any amount was due according to them, they may settle the accounts. This led to heated exchange between the two sides and the three appellants went back t j their house and returned after a shortwhile, Ved Pal armed with a Lathi and Salekh Chand with a knife, standing in the way in front of the house of the first informant they started hurling abuses and throwing challenge. When the informant Roop Chand went near them and tried to pacify, Ved Pal gave a Lathi blow, which Lathi however was caught by him. Seeing this when Ballu Singh, Natthu Singh and Lila also came there and tried to pacify these persons, appellant Ajit Singh hit them by throwing brickbats and Ved Pal gave Lathi blows to athem. Meanwhile appellant Salekh Chand gave a blow with his knife causing injury in the back of chest of Natthu Singh who fell on the ground grievously injured. Salekh Chand thereafter attacked Roop Chand also with is knife who caught hold of the same in a bid to save himself and got injured in the process. When Ram Swarup and others present on the spot intervened the appellants ran away from the spot. Natthu Singh whose condition was precarious, was put on a cot in the 'baithak', where he died shortly afterwards, A written report regarding the incident (kail) was prepared by Roop Chand and the same was lodged at the Police Station at 2. 45 p. m. on 6-6-1982, the distance of the police station from the spot being 18 kilometres. Investigation was taken up the same day by Devendra Singh Tyagi (P. W. 4) then Station Officer. P. S. Chandinagar, District Meerut, who after recording the statements of the first informant and head Constable, writer proceeded to the spot of occurrence. There he made an inquest of the dead body of Natthu Singh, prepared inquest report Exhibit Ka 2 and long with relevant documents sent the dead body duly sealed for post-mortem examination. The post-mortem examination of the dead body of Natthu Singh was conducted by Dr. T. R. Sharma (P. W. 7) then Medical Officer, Primary Health Centre, bagpat on 7-6-1982 at 2 p. m. and the following ante-mortem injuries were found (1) Lacerated wound in right side of forehead 1 cm X 0. 5 cm X muscle deep. 3 cm. above the right eye brow. (2) Abraided contusion in left side of forehead 1 cm X 1 cm. Just above the left eye brow. (3) Lacerated wound in left side of head 4 cm X 0. 5 cm x scalp deep. 9 cm above the left ear. (4) Abrasion in front of right side of nose 1 cmxo. 5 cm. 2 cm below the bridge of nose. (5) Abrasion in front of middle of chin 0. 5 cm X 0. 5 cm. (6) Incised wound in right side of back of chest 2 cm X I cm X depth could not ascertained 4 cm below the right inferior angle of scapula. On internal examination right side of pleura and lower lobe of the right lung was found punctured below injury No. 6. Death was found to be a result of shock and hemorrhage on account of the ante-mortem injuries. 3. The other injured persons were also examined by Dr. T. Sharma on 7-6-1982 between 11. 30 A. M. and 12. 30 P. M. and the following injuries were found vide injury reports Exhibits Ka 13 to Ka (sic ). Lila (1) Bluish red abrasion in front of left fore arm 1 cm X 0. 5 cm, 4 cm above the left eye brow. (2) Bluish red contusion in ventre lateral surface of left arm 9 cm x 2 cm , 4 cm below the top of left shoulder joint. (3) Complaints of pain in right side of back of abdomen with no mark of any external injury. Roop Chand (1) Incised wound palmer aspect of left palm, 1. 5cm X 0,5cm X muscle deep, 4 cm below the base of left index finger. Bluish red in co lour. (2) Bluish red incised wound in palmer surface of left palm 5 cm x 0. 5 cm X muscle deep 8. 5 cm below the lateral and of left index finger. (3) Bluish red incised wound in medical surface of palmer aspect of right thumb 0. 5 cm X 0. 5 cm x skin deep, 4 cm below the tip of right thumb. (4) Bluish red abrasion in front of right length 5. 5 cm. x 3. 5 cm. 1. 5 cm. below the right knee joint. Ballu Singh (1) Bluish red abrasion in back of right side of chest 5 cm x 0. 5 cm 11 cm below the right inferior angle of scapula. All injuries were simple caused by some blunt and hard object and about one day old. The Investigating Officer during the course of investigation prepared a site plan of the place of occurrence, recorded the statement of witnesses. He also interrogated the accused persons who had surrendered in the Court and after completing the investigation laid charge-sheet against the accused persons which led to their committal to the Court of Sessions.
(3.) THE accused-appellants pleaded not guilty to the charges framed against them by the learned Sessions Judge and pleaded that the occurrence did not take place in the manner stated by the prosecution. According to their version after the marriage ceremony of appellant Ajit was over, at about 11 a. m. on the day of occurrence appellant Salekh Chand went to the house of informant Roop Chand with 5 or 6 'parats*. After showing those to the ladies of his family Roop Chand informed him that none of these were the 'parat' given to the appellants for being used in the marriage ceremony. When Salekh Chand insisted that the 'parats' brought by him included the one belonging to Roop Chand also, the latter started abusing him. On this he returned back to his home and was getting ready to go out when Roop Chand, Natthu Singh, Lila Singh, Ballu Singh and the female members of their family came there and abused. When he forbade them they indulged is marpit resulting into injuries to Salekh Chand and his mother. THE ladies of the family of the accused persons threw brickbats in their self defence result ing into injuries to the people on the informant side. Shortly after the incident Salekh Chand went to the Police Station to lodge his report but the police declined to accepted the same. Thereafter he went to PHC Khekra, District Meerut where he was medically examined by the Medical Officer In-charge Dr. Arun Kumar at 2 15 p. m. on 6-6-1982 and the following injuries were found : (1) Lacerated wound 1 x 5x 1 cm deep on head middle ) 2 cm from root of nose edges irregular and contested fresh bleeding seen. (2) Red contusion 10x2 cm on back of chest left side middle of scapula. (3) Red contusion 7x2 cm on back of chest right side just below lower part of scapula. (4) Red contusion 6 x 2 cm on front of right forearm 5 cm below elbow. All the injuries were fresh and caused by some blunt object. X-ray was advised and a reference was made with regard to injury No. 1. However, the (sic) is nothing to show that any X-ray was actually done to ascertain the nature of this injury.;