Anil Kumar Sharma, J. - (1.) THIS appeal arises out of judgment and order dated 21.11.1987 passed by Sri Udhau Singh, Additional Sessions Judge (Special Judge), Bareilly in S.T. No. 520 of 1985, State v. Munua @ Bharat Narain Singh and others, whereby accused Chhutiya, Shambhoo Singh @ Shyampal Singh, Sobran Singh and Dhunni Singh have been convicted under Section 147 I.P.C. and sentenced to undergo six months' R.I. Accused Munua @ Bharat Narain Singh, Ram Murti and Nanhey Singh have been found guilty for the offence punishable under Section 148 I.P.C. and have been sentenced to undergo one year' R.I. All the accused persons have been further found guilty for the offences punishable under Sections 364, 325/149 and 323/149 I.P.C. and each have been sentenced to undergo two years' R.I., one year' R.I. and six months' R.I. respectively. On 31.02.2014 during the course of argument, the Court has passed following order: "After argument for sometime, learned counsel for the appellants did not press the appeal on merits. He has simply prayed that the lenient view in the matter of quantum of sentence be taken on the ground that the incident took place more than 30 years ago, now two accused namely, Munna @ Bharat Narain Singh and Sobaran Singh are aged about 65 and 62 years respectively, the other accused -appellants Dhunni Singh @ Rati Bhan Singh is 59 years old, Ram Murti and Nanhey Singh are aged about 50 and 54 years respectively and appellants Chhutiya and Shambhoo Singh @ Shyamlal Singh are aged about 49 and 48 years respectively. He prays that the Court may consider to substitute the substantive sentence of imprisonment already undergone by the accused -appellants and in that event, adequate fine may be imposed, which would not be treated as enhancement in the sentence."
(2.) IN order to appreciate the argument regarding quantum of sentence, it would be necessary to examine facts of the case and evidence adduced by the prosecution in support of the charges. On 11.2.1984 at about 2 a.m., Smt. Gurmeet Kaur wife of Gurmej Singh, resident of Village - Dandia Sitawra, P.S. Bhuta, District - Bareilly lodged an oral report in P.S. Bhuta stating that her husband had hired tractor trolley of accused Munua for transporting paddy for sale to Bareilly market. The tractor driver Chhutiya and Ram Murti had accompanied Gurmej Singh to Bareilly where they had scuffle over payment of hire charges of the tractor. Both employees of accused Munua extended threat to him. It was alleged in the report that the same day at about 4:30 p.m., the husband of the complainant returned home and 15 minutes thereafter all the accused persons arrived at her house in a tractor. Accused Munua @ Bharat Narain Singh exclaimed that he was an outsider and should not struggle with Thakurs of the locality and thereafter all the accused started beating him with lathi. The complainant was also beaten with kicks and fists when she intervened in the scuffle. Witnesses Daya Singh and Singhara Singh on hearing the noise arrived at the scene of occurrence, but they could not proceed further as they were scared because the accused persons had fire arms in their hands and thereafter accused persons forcibly took away the husband of the complainant in order to kill him in the tractor trolley to Village -Bidhauli. It was further reported that at about 8:30 p.m. the same evening, the husband of the complainant returned back with injuries on his body. The case was registered and investigation was undertaken by the police. The injured were sent to District Hospital for medical examination where they were examined at 5:30 a.m. on 11.2.1984 by Dr. S.P. Goel, who had found following injuries on the person of the injured. Injuries of Gurmej Singh 1. Lacerated wound 1 c.m. x 0.2 c.m. x bones deep over chin of right tibia 12 c.m. below knee joint. There is swelling around wound extending from knee joint to middle of leg. Tenderness present. Kept under observation -Advised X -ray. 2. Traumatic swelling 6 c.m. x 5 c.m. over left knee joint Tenderness present. Kept under observation. Advised. 3. Contusion 6 c.m. x 2 c.m. over left thigh. 4. ABRADED contused swelling 8 c.m. x 4 c.m. over the scapular region. Tenderness present. Kept under observation. Advised X -ray. 5. CONTUSION two in number of 6 c.m. x 2 c.m. and 5 c.m. x 2 c.m. over left arm on lateral surface. Contusion 5 c.m. x 2.4 c.m. over left side back 21 c.m. below injury No. 4. 6.CONTUSION 7 c.m. x 1.5 c.m. on right arm -lateral surface. 7. CONTUSION 7 c.m. x 1.5 c.m. on right iliac crest region. Injuries No. 1, 2 and 4 were kept under observation. X -ray was advised. Injury Nos. 3, 5, 6 & 7 and 8 were simple. All injuries were caused by blunt object and were fresh. Injuries of Smt. Gurmeet Kaur 1. Lacerated wound 6 c.m. x 0.4 c.m. over top of skull, 10 c.m. above just left ear at 12 O'clock position. Kept under observation - advised X -ray 2. Contusion 3 c.m. x 1.5 c.m. over left shoulder region 3. Traumatic contused swelling over dorsum of right hand extending from middle of hand over 2nd and 3rd carpet bone to middle phalnyx of index and middle finger. Tenderness present. Kept under observation. Advised X -ray. Injury No. 1 and 3 were kept under observation. Advised X -ray. Injury No. 2 is simple. All injuries were caused by blunt object and fresh in duration".
(3.) On X -ray of Gurmej Singh, injury No. 3 was found grievous as he has sustained fracture of patella bone in left knee and no abnormality was detected in the skull X -ray of Gurmeet Kaur. The investigation culminated into charge -sheet against the accused persons.;