- (1.) ALL the above three appeals have been directed against the judgement and order dated 30.3.2007 passed by Additional Sessions Judge/F.T.C. Court Room No. 12, Pratapgarh in S.T. No. 66 of 2006 whereby appellants Bajrang Bahadur, Kanhaiyalal, Radhey Shyam, Doodhnath, Ayodhya Prasad, Vinod Kumar and Awadhesh Kumar have been convicted under Sections 307/149 IPC, appellants Bajrang Bahadur, Radhey Shyam, and Doodhnath have been convicted under Section 148 IPC and Kanhaiyalal, Ayodhya Prasad, Vinod Kumar and Awadhesh Bahadur have been convicted under Section 147 IPC. Bajrang Bahadur, Rahdey Shyam and Doodhnath have been sentenced to undergo three years' rigorous imprisonment under Section 148 IPC and life imprisonment under Section 307/149 and Kanhaiyalal, Ayodhya Prasad, Vinod Kumar and Awadhesh Bahadur have been sentenced to undergo one year rigorous imprisonment under Section 147 IPC and five years rigorous imprisonment with fine of Rs. 500/ - under Section 307/149 and in the event of non payment of fine, further imprisonment for a period of one year.
(2.) BRIEFLY stated, according to prosecution case, the report of the incident was lodged by Lalta Prasad resident of village Nagapur, P.S. Jethwara, District Pratapgarh. On 6.10.05 at about 7:30 a.m. Accused Bajrang Bahadur Singh, Radhey Shyam, Doodh Nath carrying country made pistol and Awadhesh Bahadur Singh, Ayodhya Prasad Patel, Vinod Patel carrying lathi, danda, brick bats attacked the house of Jeet Lal of the village of informant on account of old enmity relating to litigation, and started abusing and threatening to kill. When Chandra Bhan son of Jeet Lal stopped them from abusing Kanhaiya Lal, Ayodhya Prasad, Vinod Patel challenged and exhorted to kill. On their exhortation all the persons carrying fire arms in order to kill, fired at Chandra Bhan who had sustained injuries all over body. Hearing the clamour, informant and his son Devendra Pratap Singh reached there to intervene. The accused persons again fired at them and caused injuries. The incident was witnessed by Chande Singh, Adalat Singh and several other villagers. The condition of Chandra Bhan and other injured was serious and they were taken to hospital. Chandra Bhan was admitted to the hospital. On the basis of the application, report was lodged at 1:30 p.m. at case crime no. 381 of 2005 under Sections 147, 148, 504, 506, 323/149, 336/149 and 307/149 IPC. After conclusion of investigation, chargesheet was submitted against accused persons and the case was committed to the court of sessions. Sessions Judge framed charges against Bajrang Bahadur, Radhey Shyam, Doodhnath, Ayodhya Prasad, Vinod Kumar and Awadhesh under Section 147, 148, 504, 506, 323/149, 336/149 and 307/149 IPC. Kanhaiya Lal Patel was summoned under Section 319 Cr.P.C. and he was also charged.
(3.) IN order to prove its case, the prosecution examined the informant Lalta Prasad, PW -1 who was injured witness, PW -2 Chandra Bhan Singh who is also an injured witness, PW -3 Adalat Singh an eye witness, PW -4 Ram Chandra alias Chande who is also an eye witness. PW -5 Constable Dinesh Kumar Pandey has proved the chik F.I.R. Ex. Ka -2 and GD Entry, Ex. Ka -3. PW -6 Dr. S.C. Misra had conducted x -ray of the injuries sustained by injured Lalta Prasad, Chandra Bhan Singh and Devendra Pratap Singh. He has also proved x ray reports and x ray plates. Pw -7 Dr. Prem Mohan Gupta had medically examined the injured Devendra Pratap Singh, Lalta Prasad and Chandra Bhan. He noted the following injuries on the person of Devendra Pratap Singh: 1. Abrasion 0.2 cm x 0.2 cm in size, on the posterior side of scalp on middle. 2. Abrasion 0.2 cm x 0.2 cm on the right chest about 4 cm above and lateral to nipple. 3. Abrasion 0.2 cm x 0.2 cm at the left side of umbilicus.;