A.S.Tripathi, J. - (1.) THE appellants, namely. Jagannath, Sant Ram, Kedar. Somara, Aliyar. Dalsingar, Kalloo. Buruk, Bangur, Hiramani Lechan, Jhagara and Mangru, have preferred this appeal against the Judgment and order dated 28-16-1978 passed by Sri S. L. Tripathi, the then Special Addl. Sessions Judge, Mirzapur, convicting the appellants to undergo imprisonment for life under section 302/149 IPC. Appellants, Jagannath, Sant Ram, Kedar, Somaru Aliyar and Dalsingar have also bees convicted under section 148 IPC and sentenced to undergo two year's rigorous imprisonment. Farther the appellants, Kalloo, Buruk, Bangur, Hiramanl, Lochan, Jhagaru and Mangru have been convicted under section 147 IPC and sentenced to undergo one year rigorous imprisonment. AH the 13 appellants have also been convicted and sentenced to undergo two years rigorous imprisonment under sections 324/149 and 325/149 IPC and respectively and one year rigorous imprisonment under section 323/149 IPC. Ail the sentences were directed to run concurrently
(2.) THE prosecution case as disclosed. In the first information report, Ex. Ka 2, was that one Ram Naresh was lessee of plot no. 1972 area 10 Bighas, Anirudh was lessee of the same plot for another minjumla area of 10 Bighas and Punai was lessee of the same plot no. 1972 and another plot no 1973 in respect of minjumla area of 5 Bighas each situate in village Jungle Mohal by virtue of lease taken from Gram Pradhan, Kashinath Singh. It is alleged that all the three lessees were relations of Sankatha Singh (deceased). Sankatha Singh was alleged to be in possession of 30 Bighas land on behalf of those lessees. He used to cultivate the said land on their behalf According to the prosecution case there was a 'Maral' (thatch) belonging to Sankatha Singh on that land. On 26-6-1974 at about 4 P.M. in village Barahi of Jangal Mohal Khoria police station Ahraura District Mirzapur, where the aforesaid land was situate, deceased, Sankatha Singh took alongwith him PW 2 Ram Ashrey, PW 4 Mohan, PW 5 Asharfi, PW 6 Adanand and one Sohan and Kamta with a view to give them the said land on Batai (sub-lease). Kalloo PW 1, Ghanshyam and Sadanand had also accompanied them. They all reached that land at about 3 P.M. They were sitting in the Maral and were talking about distribution of the land on Batai. At about 4 P.M. all the appellants arrived at the scene. It is alleged that appellants. Jagannath, Sant Ram and Kedar were armed with spear. Appellants, Somaru, Aliyar and Dalsingar were armed with Gandasa and rest of the appellants were armed with lathis. It is alleged that on the instigation and exhortation of Jagannath all the appellants started assaulting Sankatha Singh and his companions with their respective weapons. As a result of this attack, it is alleged that Sankatha died on the spot and Ram Ashrey PW 2, Mohan PW 4, Sohan, Asharfi PW 5, and Adanand PW 6 recelved injuries. Fir of the in inoident was lodged on 27-6-74 at 3 A.M. at police station Ahraura by PW 1 Kalloo.
(3.) THE injured persons were taken to Chunar dispensary where they were medically examined by Dr. R. C. Katiyar, PW 14 between 5.45 P.M. to 7.30 P.M. on the next day i.e. 27-6-1974. Following injuries were found on the person of Sohan : 1. Contusion of the outer side of the left elbow joint and left fore-arm 17 cm x 8 cm. 2. Contusion 10 cm x 2 cm on the left side back. 3. Contusion 10 cm x 2 cm left side back. 4. Contusion 4 cm x 4 cm with abrasion 2 cm x 2 cm on the back. 5. Contusion 13 cm x 2 cm on the right side back 6.Contusion 12 cm x 2 cm on the right side back 7. Contusion 20 cm x 2 cm on left side back. 8. Contusion 5 cm x 5 cm on the left shoulder joint 9. Contusion 8 cm x 2 cm on the left leg. Following injuries were found on the person of Mohan : 1. Lacerated wound 4 cm x 1/2 cm x scalp deep on the head. 2. Lacerated wound 6 cm x 1/2 cm x scalp deep on the right side head. 3. Lacerated wound 4 cm x I cm x scalp on the left side head. 4. Contusion 2 1/2 cm x 2 1/2 cm with abrasion 1 1/2 cm x 1 1/2 cm on the left leg. 5. Abrasion 1/4 cm x 1/4 cm on the left leg 6.Abrasion 1/4 cm x 1/4 cm on the left leg. Following Injuries were found on the person of PW 5, Asharfi 1. Lacerated wound 4 cm x 1/4 cm x scalp deep on the left side wrist. 2. Lacerated wound 3 cm x 1/4 cm x scalp deep on the head. 3. Lacerated wound 3 cm x 1/4 cm x scalp deep on the left side head. 4. Lacerated wound 3 cm x 1/2 cm x scalp deep on the left side head. 5. Lacerated wound 1/2 cm x 1/2 cm x bone deep on the right side head. 6.Inched wound 3 cm x 1/4 cm x scalp deep on She right side head. 7. Contusion 10 cm x 2 cm on the right arm. 8. Contusion 8 cm x 2 cm on the right arm. 9. Punctured wound 1/3 cm x 1/3 cm x 1 cm on the right wrist joint. 10. Lacerated wound 2 cm x 1/4 cm x muscle deep between the right index and middle finger. 11. Abrasion. 1 cm x 1 cm on the left wrist joint. 12. Linear abrasion 4 cm long on the right shoulder joint. 13. Confusion 10 cm x 2m on the left thigh. Following Injuries were found on the person of Adanand, PW 6 1. Lacerated wound 2 cm x J/4 cm x muscle deep on the right side face. 2. Punctured wound 1/4 cm x 1/4 cm x 1/2 cm on the left side face. 3. Contusion 15 cm x 2 cm on the left side back. 4. Contusion 12 cm x 2 cm on the left side back. 5. Contusion 5 cm x 2 1/2 cm with abrasion 2 cm x 1 cm on the left shoulder joint. 6.Contusion 13 cm x 2 cm on the left arm. 7. Contusion 10 cm x 2 cm on the right elbow joint. 8 Contusion 7 cm x 2 cm on the right side back. 9. Traumatic swelling 12 cm x 8 cm on the left ankle Joint. 10. Traumatic swelling 8 cm x 6 cm on the right ankle joint. 11. Traumatic swelling 6 cm x 6 cm on the left ankle joint. Following injuries were found on the person of Ram Ashrey, PW 2 1. Lacerated wound 7 cm x 1/2 cm x scalp deep on the head. 2. Lacerated wound 5 cm x 1/2 cm x scalp deep on the left side head. 3. Lacerated wound 4 cm x 1/2 cm x scalp deep on the right side head. 4. Lacerated wound 2 cm x 1/2 cm x muscle deep on the right side head 9. Lacerated wound 1 1/2 cm x 1 1/2 cm x scalp deep on the left side head. 6.Incised wound 1 cm x 1/10 cm x cartilage on the right ear. 7. Contusion 2 cm x 2 cm on lower lid of the left eye. 8. Incised wound 2 1/2 cm x 1/2 cm x muscle deep on the right arm. 9. Lacerated wound 2 cm x 2 cm x bone deep on the right leg. 10. Traumatic swelling 5 cm x 5 cm on the left ankle Joint. 11. Contusion 2 cm x 2 cm on the right shoulder joint. 12. Contusion 11 cm x 2 1/2 cm on the back. X Ray of Asharfi, PW 5. was done on 5-7-74 by Sri S. R. Bhattacharya, Medical Officer, District Hospital Mirzapur. His radius and ulna were found fractured, At such injuries nos 7 and 8 were found grievious. THE post-mortem examination of the dead body of Sankatha Singh was done by the same Doctor, i.e. Dr. R. C. Katlyar. PW 14, on 28-6-1974 at 10 A.M. and following ante-mortem injuries were found on his person :- 1. Punctured wound 1/2 cm x 1/2 cm x bone deep on the left side head. 2. Incised wound 2 cm x 1/2 cm x bone deep on the left side head, 3. Incised wound 4 cm x 1/2 cm x bone deep on the left side head. 4 Lacerated wound 6 cm x 1 cm x brain cavity deep on the top of the head. THE brain material was coming out of that Injury. 5. Contusion 6 cm x 2 cm on the left chest. 6.Punctured wound cm x 1 cm x thoracic cavity deep on the left chest. 7. Contusion 8 cm x 2 1/2 cm on the right side abdomen. 8. Contusion 4 cm x 2 cm on the left side abdomen. 9. Contusion 6 cm x 2 1/2 cm on the back. 10. Contusion 20 cm x 2 1/2 cm on the left thigh. 11. Lacerated wound 15 cm x 2 cm x bone deep on the right leg. THE tibia and fabula bones underneath were fractured into multiple pieces. On internal examination the scalp bone below injury nos. 2 to 4 was found fractured In multiple pieces. THE brain material was found coming out of those injuries. Pericardium below injury no. 6 was punctured 1/2 cm x 1/2 cm through and through. THE heart underneath was punctured 1/2 cm x 1/2 cm x cavity deep. THE left chamber of heart was empty. Its right chamber was partially full. THEre was 2 1/2 pound clotted and unclotted blood In thoracic cavity. THE abdominal wall below injury no 1 was congested to the extent of 8 cm x 2 1/2 cm. THEre was 8 cm x 2 1/2 cm congestion of peritionium below those walls. THEre was two pound clotted and unclotted blood in the abdominal cavity. THEre was laceration 5 cm x 2 cm x 2 cm on the outer part of the liver. The postmortem report, Ex. Ka 21, reveals that the death of Sankatha took place due to shock and haemorrhage as a result of ante- mortem injuries no. 2, 3, 4, 6, 7 and 11.;