- (1.) D. K. Trivedi, J. The present criminal appeal has been preferred by appellants challenging their conviction under Sections 147, 148, 307/149 and 323/149 I. P. C and sentences of one year, one year and five years respectively. Learned Sessions Judge did not record any separate sentence under Sections 323/149 I. P. C.
(2.) ACCORDING to the prosecution case, on 6th March, 1973 at about 4. 30 p. m. Munna Singh was returning from village Kanjemau after attend a Panchayat there. It is stated that as soon as he reached in between the villages Pandit Purwa and Ahiran Purwa, the accused persons armed with Lathi, Bhala, Kanta and Pharsa encircled him and assaulted him with their respective weapons. It is further stated that he raised an alarm and hearing the said alarm several persons including Smt. Shiv Pata, Smt. Sunder Pata and Baba Din of Ahiran Purwa reached and tried to save him. It is said that Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were also assaulted by these accused persons. However, on intervention of the witnesses accused persons ran away and there after a report was lodged by (PW. 1) Badri Singh at PS. Colonelganj, District Gonda on the same day at about 6. 50 p. m. (P. W. 5) S. I. Santosh Kumar Pandey conducted investigation of this case and he sent the injured to the hospital for medical examination. He also recorded statements of other witnesses and after completing investigation submitted charge-sheet against the accused persons. P. W. 6 Dr. B. C. Pal examined Munna Singh injured, the same day at about 7. 15 p. m. He found 16 injuries on the person of Munna Singh. According to him all the injuries were simple except injuries Nos. 1, 2, 3, 9, 10, 12 and 16. The injuries mentioned above were kept under observation and Doctor advised X-ray. According to the Doctor all the injuries except injury Nos. 7 and 8 were caused by blunt object as Lathi. Injury Nos. 7 and 8 according to him, were caused by some pointed weapon. The injury report is Ext. Ka. 10. Other three injured persons, namely, Smt. Shiv Pata, Smt. Sunder Pata and Baba Din were medically examined by P. W. 4 Dr. Qazi Anwar Ahmad who found one swelling on the right leg of Smt. Shiv Pata. On the body of Sunder Pata he found one swelling and pain on the leg and pain on the head. He further found one contusion and one abrasion on the body of Baba Din. All the injuries were of simple nature. In support of its case the prosecution examined five witnesses, out of them P. W. 1 Badri Singh, (P. W 2) Sahdeo Singh and (P. W 3) Munna Singh are witnesses of fact. (P. W. 4) Dr. Qazi Anwar Ahmad examined the injured and proved injury report Exts. Ka. 1 to 3 PW. 5 S. I. Santosh Kumar Pandey conducted investigation and submitted the charge-sheet in this case. (P. W. 6) Dr B. C. Pal examined the injury and proved the injury report Ext. Ka. 10.
(3.) ALL the accused persons denied prosecution case and stated that they have been falsely implicated in this case due to enmity. Learned trial Judge after considering the evidence on record came to the con clusion that the guilt of appellants is proved beyond all reasonable doubts and therefore, he convicted and sentenced all the accused persons as mentioned above.;