ANIL KUMAR SHARMA, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 25.7.1987 passed by Sri Mohd. Razi Siddiqui, the then 3rd Addl. Sessions Judge, Mirzapur in S. T. No. 8 -A of 1986, whereby he has convicted and sentenced the appellant as under: Sl. No. Section Imprisonment Fine Default imprisonment 1 307/149 IPC 1,1/2 year R.I. Rs. 300/ - Two months R.I. 2 324/149 IPC 1 year R.I. Rs. 200/ - One month R.I. 3 323/149 IPC 1,1/2 year R.I. Rs. 300/ - Two months R. I. 4 504 IPC 1 year R. I. Rs. 200/ - One month R. I. 5 506 IPC 1 year R. I. Rs. 200/ - One month R .I. 6 147 IPC 1 years R. I. - - All the sentences were directed to run concurrently.
(2.) SHORN of details, the prosecution story as stated in the FIR and unfolded during trial is that on 23.9.1985 at about 4.00 a.m. complainant Surya Mani Yadav s/o Muneshwar Prasad Yadav r/o of Village Sukhada P. S. Dudhi District Mirzapur submitted written report Ex. Ka -1 at P. S. Dudhi stating that there is old enmity between his father Muneshwar Prasad and Harihar Bania of village Jampani regarding Pradhan election. Last year Harihar has forcibly ploughed the field of Hole Shah and Teewan of Jampani for which case is pending, his father was cooperating with the later. On account of this enmity yesterday on 22.9.1985 at about 6 p. m. Harihar s/o Parmas of Jampani armed with sword, Mahavir r/o village and P. S. Gadhva District Palamu who earlier lived in his village, carrying gandasa, Kayeel s/o Mahadev r/o village Sukhada and three others carrying lathi came at his house. His father was lying on a cot near the door in western verandah of the house. On the exhortation of Kayeel to kill him, the accused persons barged into the house. His scary father ran towards the court -yard, then Harihar wielded sword on his head while Mahavir assaulted him with gandasa. On the noise of his cousin Chander Maul, Sarju s/o Prayag Yadav, Anant s/o Gyan Yadav of the village challenging the accused persons arrived there. They tried to apprehend the accused persons, but brandishing weapons with threat, they took to their heels. It is further stated in the written report that this incident was witnessed by the complainant, Chander Maul and Chandra Mani sons of Nandkeshwar and Jagat Narain who lived in his house for studies. In the incident apart from his father, Chander Maul and Chandra Mani have also sustained injuries and the village people had taken them to the hospital. On the basis of the written report, case at crime no. 189 of 1985 u/s 147, 148, 307, 324, 323, 504, 506 IPC was registered at the police station, investigation whereof was entrusted to SI Ramdhani Pandey. He interrogated the witnesses and after visiting the spot prepared site plan. He seized the simple and blood stained soil from the spot through memos in sealed containers. Ere that Muneshwar Prasad Yadav was taken to Rihand Dam Hospital, Turra District Mirzapur after 1st aid in hospital at Wyndham Ganj, where Dr. V. B. Sharma medically examined him on 23.9.1985 at 6 a.m. and he found the following injuries on his person: 1. Clean cut wound 10 cm x 1 cm x bone deep in the frontal region of the scalp in the middle hair line extending posteriorly on the skull. The outer label of the underlying bone is also cut (fractured) fresh bleeding present. 2. Clean cut wound 2.5 cm outer to the injury no. 1 exposing the underlying bone as there is loss of skin and subcutaneous tissue etc. The shape of the wound is oval 10 cm x 5 cm x 1 cm on the left half of skull anteriorly.
(3.) CLEAN cut round wound on the left half of back of part of skull (parieto occipital region) It is 10 c.m. Clean cut wound transverse, 20 cm x 5 cm x 8 cm just below the occipital cutting the underlying muscle etc.;