- (1.) CHALLENGE in this appeal is to the judgment and order dated 18.03.1983 passed by 7th Additional Sessions Judge, Allahabad in S.T. No. 107 of 1982, whereby the appellants have been convicted for the offence punishable under sections 147, 323, 324 read with section 149 IPC and benefit of section 4 of U.P. First Offenders Probation Act had been extended to each of them.
(2.) SHORN of details, the prosecution story is that on 29.07.1979 complainant Kallu submitted a written report at police station Daraganj stating that he is resident of Mohalla Kachchi Sarak and today the electricity of electric pole situated in front of his house went off and his father Ramdas, elder brother Makkhan Lal Yadav, Bhuwal Singh and Bharat Yadav were trying to restore the electric power. People of Harijan basti namely, Ram Kumar, Raj Kumar, Munda, Banwari, Ramesh and Raghunath (all sweepers) hurling caste based abuses arrived there. His father asked them not to abuse, then on the exhortation of sweeper Ram Kumar, Munda and Banwari armed with knife and others with Lathi and Danda started assaulting his father and brother Makkhan Lal. They sustained injuries and on challenge by the complainant and his associates all the accused took to their heels. On the basis of this report, case at crime no. 300, under sections 147, 324, 323 IPC was registered at the police station, investigation whereof was entrusted to S.I. Panna Lal Verma. Both the injured were medically examined at M.L.N. Hospital, Allahabad on the same night from 10.30 p.m. onwards by Dr. P. C. Mishra had found one lacerated wound, several contusions and abrasions on the person injured Makkhan Lal and injured Ramdas was found to have sustained two incised wounds, two lacerated wounds and abrasions. Doctor found that all the injuries were simple in nature and fresh. Investigation culminated into charge sheet against the accused persons for the offence punishable under sections 147, 307, 323 IPC.
(3.) AFTER committal of the case to the Court of Session, charges for the offence punishable under sections 147 and 307/149 IPC against Ram Kumar, Raj Kumar, Raghunath and Ramesh were framed while accused Munda and Banwari were charged for the offence punishable under section 148, 307/149 IPC. All the accused denied the charges and claimed trial. In order to prove its case, the prosecution has examined injured Ram Das PW -1, Makhan Lal PW -2, complainant Kallu Lal PW -3, Bhuwal Singh PW -4, Dr. P.C. Mishra PW -5, S.O. Panna Lal Verma PW -6 and constable Shiromani Tiwari.;