- (1.) HEARD learned Counsel for the parties.
(2.) THIS criminal appeal arose from an order of conviction under Sections 302/149, 148, 147 IPC. Under Section 3021149 IPC the appellants were convicted to undergo imprisonment for life. Under Section 148 IPC Shambhu Nath was convicted and sentenced to one year's R.I. and other five appellants, Kapil Deo Tewari, Vijai Tewari, Vijai Pathak, Ambika Pathak and Shyam Narain, were sentenced to undergo six months R.I. under Section 147 IPC. The sentences were directed to run concurrently. The brief facts of the case are that there occurred some arguments between deceased Bhunwar Tewari and three appellants Shambhoo Nath Tewari, Shyam Narain Tewari and Ambika Pathak. These three persons earlier were charged with the kidnapping of the daughter of the deceased, Savitri. They married her to some one of their choice. Some criminal litigation was launched by the deceased against the above said persons in the Court at Varanasi. These persons pressured the deceased to settle the dispute out of Court. The deceased never accepted the proposal. A day before the occurrence date was in the said case in the Court. They again tried to persuade the victim to compromise the case out side the Court. The deceased refused to oblige them. They then told the victim that they will kill him within six months. The deceased wa further asked to drop the litigation otherwise he will not survive. On account of the said enmity, on the date of occurrence i.e. 30 -11 -1980 at 6.00 a.m. when the deceased was going to the well for taking his bath, accused Shyam Narain exhorted the other accused to kill him. Seeing him Shambhoo Nath Tewari armed with Gandasa and others armed with lathis arrived there. They shouted in a chorus, “kill him, we will fight another litigation”. All the assailants started to assault him whereupon the victim raised an alarm. It attracted Rambriksh Pandey, Ramyati Pandey sons of Kanhaiya Pandey, Ram Charitra Pandey and his wife Sushila Devi to the place of occurrence. On seeing the above witnesses approaching the assailants took to their heels. The victim suffered injuries of lathis and Gandasa.
(3.) THE victim was taken by his wife to Police Station Baluwa. Here a report was prepared. It was dictated by him and was scribed by (PW 3) Brij Mohan Singh. Thereafter, it was handed over to the Head Constable (PW 4) Ram Vilas Pandey who prepared a chik FIR and G.D. etc. The case was registered under Sections 147/148/323/324/307 IPC. The deceased thereafter was taken to the hospital, Chahaniya Primary Health Centre, Varanasi, two and a half kilometer from the place of occurrence. He was medically examined by (PW 6) Dr. Ramji Pandey on 20 -11 -1980 at 9.30 a.m. In all 14 injuries were found on his person. Injury Nos. 2 to 4 were kept under observations and X -ray was advised. Some of the injuries were simple in nature. They were caused by blunt object except injury No. 14 which was caused by a sharp edged weapon. Duration was fresh. He was immediately, after the medical examination, referred for Kabir Chaura Hospital, Varanasi. The victim breathed his last at the gate of Kabir Chaura Hospital. His body was sent for post -mortem on the next day i.e. 1 - 12 -1980 at 4.00 p.m.;