G.S.N.Tripathi, J. - (1.) The Third Addl. Sessions Judge, Ballia vide his judgment and order dated 13th August, 79 in S.T. No. 141 of 75 State v. Thakur and three others , of District Ballia, convicted the accused Thakur, Hridyanand and Bharat on a charge under section 307 read with Section 34 Indian Penal Code and sentenced them to undergo 3 years RI. The co-accused Laxman has been given the benefit of doubt and acquitted. The convicted accused have preferred this appeal. The State has not filed any appeal against the acquittal of Laxman.
(2.) The prosecution case started on the basis of a written FIR lodged by Rajendra Ram at P.S. Bansdih, Disti. Ballia on 7.10.75 at 15.15 p.m. after covering a distance of about 4 furlongs. The incident is said to have taken place on the very date at about 12 noon. It is alleged that the complainant's brother Gagan Ram was trying to drain out the rain water through his old nabdan. He also was cleaning that nabdan. Thereafter accused Thakur, Hridyanand, Bharat (appellants) and Laxman (acquitted) arrived there and all of a sudden attacked Gagan Ram. Thakur had a spear. others had lathies. They badly assaulted Gagan Ram, causing him multiple injuries. Witnesses arrived after hearing the alarm. Thereafter, the accused bolted away. Gagan Ram had also wielded lathi in his defence.
(3.) Before taking Gagan Ram to the police Station he was shifted to the Bansdih hospital, where he was examined by Dr. K.B. Lal, PW 5 at 2p.m. He has noted the injuries found on the person of the injured. Those injuries have been mentioned by the learned Addl.Session Judge in his judgment. Hence they arc not being repeated. The injuries were quite fresh and in the opinion of Dr. Lal, they could have been caused on the same day at about 12 noon. Injury no. I was caused by a spear, others were lathi injuries.;