M.C.Jain, J. - (1.) Eleven persons were tried in Sessions trial No. 570 of 1980 before the IV Addl. Sessions judge, Bulandshahr. They were (i) Udaivir, (ii) Dansahay, (iii) Digambar, (iv) Naurangi, (v) Soran, (vi) Khubi, (vii) Chokha, (viii) Oma, (ix) Maniram, (x) Smt. Kasturi and (xi) Smt. Maharani. Out of them, Soran, Khubi, Chokha, Oma, Maniram, Smt. Kasturi and Smt. Maharani were acquitted. Out of the Remaining four Udaivir was convicted under Section 302 I.P.C. simplicitor, under Sections 452 and 323/34 I.P.C., 452 and 323/34 I.P.C. For the offence of murder, all the accused were sentenced to life imprisonment, under Section 452 I.P.C. to two years' rigorous imprisonment and six moths' rigorous imprisonment under Section 323/34 I.P.C. All the four have preferred this appeal. Udaivir and Digambar are real brothers being sons of Dansahay. Dansahay died during pendency of the appeal and the appeal abated in respect of him under order dated 1.3.2004.
(2.) Broad essentials of the prosecution case may be set forth for proper appreciation. The incident took place on 30.6.1979 at about 12 O' clock in the noon and the report of the same was lodged on 3.7.1979 at 9.30 A.M. by Jaipal Sigh PW 1 (injured). The place of distance of the police station from the place of occurrence was 4 Kms. In the Mung field of Sriram (uncle of the informant), the she-buffalo of Dansahay had strayed on 30.6.1979 at about midday and was damaging the crop. Sriram drove out the she-buffalo of Dansahay from the field giving her 4-5 lathiblows. At that very time Dansahay came and protested against the beating of his she-buffalo tethered, Dansahay held out a threat to Sriram to teach him a lesson of beating his she-buffalo and left Shortly thereafter, Dansahay returned with his sons Udaivir and Digambar, Naurangi, Soran, Khubi, Chokha, Oma. Maniram, Smt. Kasturi and Smt. Maharani duly armed with lathi, spear, boori (sharp pointed weapon) and Sanki (two pronged sharp pointed weapon). To be specific, the present appellant Udaivir was armed with sanki and the remaining three had lathis. All of them attacked Sriram declaring their intention to kill him. Sriram ran into his gher to take shelter, but he was followed by the accused who entered his Gher and assaulted him (Sriram), complainant Jaipal and Vijaypal Udaivir dealt a Sanki blow piercing the abdomen of Sriram. On the alarm of Sriram, witnesses Hari Singh, Parmal, Basdeo, Hukum Singh, Tej Singh, Ram Prasad etc., arrived and intervened. Due to serious injuries, the victims were rushed to P.H.C. Pahasu in a bullock-cart where they were medically examined between 3 and 4.30 P.M. the condition of Sriram was serious and he was rushed to District hospital, Bulandshahr where he was admitted till next day but the Doctors finding no hope to save his life referred him to Delhi. On 1.7.1979 he (Sriram) was shifted to Delhi in the evening where he succumbed to his injuries. His autopsy was performed the following day whereafter the dead body was entrusted to the complainant who brought it to his village in the night of 2.7.1979 and after cremation, he (Jaipal Singh) lodged the report the following day after getting it scribed from Vinod Kumar. A case crime No. 165A was registered and the investigation was taken up by S.I. Hukam Singh CW 2.
(3.) As per initial medical examination report of Sriram as also his post mortem report, he had suffered a punctured wound on the left side abdomen, 5.5 cm away from the umbilicus. He was aged about 45 years and the death was result of such injury sustained by him.;