- (1.) AMAR Saran, J. Since both the aforementioned criminal appeals are connected, they were heard together and are being disposed of by this common judgment.
(2.) HEARD Shri Apul Mishra, learned counsel for the appellants and learned Additional Government Advocate representing the State. These two criminal appeals have been filed against the judgment and order dated 29-4-1981 passed by the VII Additional Sessions Judge, Mainpuri whereby he has convicted the appellants Rajesh and Sheo Ram (who are appellants in criminal appeal No. 770 of 1981) and Dinesh Chandra, Subhash, Saudan and Ram Bharosey (who are appellants in criminal appeal No. 769 of 1981) to one year R. I. under Section 147 I PC and four years R. I. for the offence under Section 307 IPC read with Section 149 IPC. The sentences on both the counts were to run concurrently. The prosecution case was that when Vinendra Singh, the victim of the incident was returning to the village Nasupur, police station Jasrana on 10-7-1975 at about 12 noon, the six aforementioned accused, who were hiding in the 'sarkandas' growing on the boundary ('mend') of the field of Nav Ratan, assaulted Virendra Singh with lathies after shouting that the enemy has arrived and he should be murdered. When Virendra Singh, the injured, fell down, his neck was pressed with lathies by Dinesh and Subhash and Sheoram relieved him of his watch and Rs. 250. On the arrival of the witnesses, i. e. the informant Netra Pal Hira Lal, Maan Singh, Samokhi Lal and Malkhan Singh, the accused ran away. The injured Virendra Singh was taken to Shikohabad hospital, where he was examined. As the police of Shikohabad did not did take down the report, on the next day, the informant Netra Pal sent the report by registered post to S. P. Mainpur and S. H. O. Jasrana. Head Moharrir of police station Jasrana did not take down the report and hence he tried to save the accused and deleted the name of the accused Rajesh and Sheo Ram and even submitted a final report in their case. On 3-4-1976, the final report was accepted. This led to the complainant Netra Pal filing a complaint. After examination of the witnesses under Section 200 Cr. P. C. and 202 Cr. P. C. cognizance was taken also against Rajesh and Sheo Ram. Medical examination of the injuries of Virendra Singh was conducted on 10-7-75 at 3. 45 p. m. by Dr. Mohan Lal Agarwal, Superintendent of the hospital at Shikohabad. The following injuries were found on his person: (1) Contusion 3" x 1" with abrasion on the front of neck. (2) Traumatic swelling 5" long round middle of right arm (fracture of humerous bone underlying it.) (3) Abrasion with contusion 3"x 1-1/2" on out and outer surface of right thigh. (4) Abrasion with contusion 3"x 1" on posterios and outer surface of left thigh. (5) Abrasion with contusion 1-1/2"x 1-1/2" on posterior surface of knee joint. (6) Traumatic swelling diffused round left knee joint. (7) Two contusions 4"x 1-1/2" each overlapping each other, vertical on left part back in middle. (8) Contusion 2"x 1" of left shoulder joint.
(3.) AS there were suspected fractures of some injuries, hence x- ray examination was done by P. W. 4 Dr. S. P. Mishra and the numerous bone of the right hand, and the 8th and 9th ribs were found fractured. Police, after investigation, submitted charge sheet against the four appellants in criminal appeal No. 769 of 1981 and against the two appellants in criminal appeal No. 770 of 1981, cognizance was taken by the Court on the basis of the complaint.;