Palok Basu, J. - (1.) THESE two appeals arise out of the judgment and order passed by learned II Addl. Sessions Judge. Mathura on 21-10-1982 in Sessions Trial No. 230 of 1980. By the aforesaid judgment Buddhi, Patram, Neto and Bhagvan Singh stand convicted under section 304, Part-ll and 323/34 IPC and sentenced to four years and one year's R.I. respectively. All the appellants and fifth accused, namely, Purna have been acquitted of the charges under sections 302/147/148/149 IPC.' This acquittal was preceded by the clear acquittal of the fifth accused Purna of all the charges as his participation was held to be doubtful. According to the prosecution case the incident had happened on 5-6-1980 at about 8 P.M. in village-Akbarpur, police-station- Chrat, district-Mayute. Mawasi has his house in the said village and it is said that he along with his father and some other1 relatives was sitting at that place when all the accused (all five) had come and wanted to take a KADHAI which was, according to the prosecution, likely to cause damage to the wall. Mawasi, therefore, said that KADHAI should not be taken in that manner. This resulted in an altercation as a result of which the accused started beating. In the said beating by the accused Smt. Sukho, Narain, Mawasi, Ram Swarup and Kishan Singh sustained injuries. Mawasi and Ram Swarup have been examined as PW 4 and PW 7 respectively. The other two alleged victims have not been examined. However Narain is said to have died on way to the hospital, though he was medically examined at the P.H.C. at 12.30 A.M. on 6-6-1980. On his death the post-mortem examination was conducted by PW 3, Dr. D. R. Sen who found one stitch wound on the head and four contusions including a multiple contusion on the right knee.
(2.) IN view of the aforesaid facts all the accused were charged under section 302 IPC at the trial. Coming to the details of the incident it is said that as soon as the incident had happened, Mawasi took his injured father along with him and the other injured to the police-station and lodged a written report which has been proved as Ext. Ka 10. This was got written by one Radha Charan Pachauri. This FIR was registered vide entry Ext. Ka !2 made by constable-clerk Jagdish Puri. PW 9, Dinesh Chandra Misra, Sub-Inspector, was present at the police-station. He directed an entry to be made in the general diary, a true copy of which has been proved as Ext. Ka. 24. All the injured were then directed to go by a Tractor Bearing No. U.S.O. 5703. This case was registered under sections 147, 148, 149, 323 and 307 IPC because Narain was alive at that time. The prosecution states that the statement of the informant and other victims were recorded by the Investigating Officer at the police-station. The letter for medical examination was handed over to the informant and other victims who were medically examined by PW 2, Dr. R. C. Gupta from 12.30 A.M. onwards The defence case is that the prosecution version is wholly false and concocted. They have got proved Ext. Ka. 28 and Ka. 29 which go to indicate that appellant Buddhi had lodged a FIR at 11.05 P.M. at the same police- station Chhata in the same night. His version, as noted in the FIR, is that his brother Patiram, Netram and his nephew Bhagwan Singh were returning to his house on a Bughi with a KADHAI having Soha. When the Buddhi came near the house of Narain the edge of the said KADHAI scratched the wall of the house of Narain as a result of which Narain, Mawasi and Smt. Sukho along with Ram Swarup hurled abuses which was protested by the accused side whereupon Narain and others started beating the accused with lathis and axes casing injuries to Guddhi and several others. On hearing the hue and cry several witnesses had arrived there. An FIR was lodged as Ext. Ka. 28 and on its basis the formal registration of the case has been proved by document Ext. Ka. 29. This case was registered under sections 323 and 324 IP? and investigation of this cross-case as case crime no. 86-A was also taken up by the said Shri D. C. Misra. The injuries of Bhagwan Singh, Netram, Patram and Buddhi have been examined between 2.15 A.M. to 3 A.M. on 6-6-1980 by PW 2 Dr. R. C. Gupta.
(3.) TO complete the chronology relating to the prosecution case it may be said here that five panchayatnama was prepared by the Investigating Officer on 6-6-1980 at 7 A.M. vide Ext. Ka. 13. Exts. Ka. 14 to 19 are the documents which were prepared by the. Investigating Officer at the place of occurrence being letter to the R.I. Challan nash, letter to the C.M.O. and sample seal, etc. PW 3 Dr. D. R. Sen performed autopsy on the dead-body of Narain on 6-6-1980 at 5 P.M. As noted above, the injuries even at the post mortem stage remained the same except one stitched wound which seems to have been caused during first aid. . Sri G. S. Hajola, learned counsel for the appellants and Sri S. C. Goswami, learned counsel for the informant and Sri Jagdish Tewari, learned A.G A. for the State have been heard at length and the enter record has been perused.;