- (1.) Accused Churamani Singh alias-Chulli Singh, Shiva Ram Singh, Raghunath, Ram Dhani and Pyare have been convicted on a charge under Sections 307, I.P.C. read with 149, I.P.C. However, accused Churamani Singh was awarded three years' R. I. on a charge under Section 307, I.P.C. He was further convicted under Section 148, I.P.C. and sentenced to six months' R. I. Further he was convicted under Section 323/149, I.P.C. and sentenced to undergo six months' R. I. The accused Shiva Ram Singh, Raghunath Singh, Ram Dhani and Pyare were sentenced to six months' R. I. on a charge under Section 147, I.P.C. and two years' R. I. on a charge under Section 307/149, I.P.C. This order was passed by the IV Addl. Sessions Judge, Mirzapur, in S. T. No. 138 of 1978, State v. Churamani.
(2.) The prosecution case started on the basis of first information report, lodged by Udai Ram Tiwari (P.W. 6) at police station, Marihan, district Mirzapur on 9/10/1976 at 10 a.m. The distance from the police station is five kilometers. The time of occurrence is alleged as 10 a.m. on the same day. It has been alleged that the complainant had convened a Panchayat in irrigation affairs. It was held on the same day at 8 a.m. under the 'Baniyan' tree near the road. The complainant had been called by Jai Ram son of Rammo. In the Panchayat, the accused Churamani alias Chulli Singh, Basdeo, Ram Singh, Ram Dhani and Pyare had formed a group and started abusing the complainant side. Chulli Singh wielded his Gandasa aiming at the neck of the complainant. The complainant tried to check it with the help of his hand and if resulted in the cutting away of his right thumb. Other three fingers were also cut seriously. Even on the left hand there were Gandasa injuries. On the frontal teeth there was injury.
(3.) Shankar (P.W. 3) had also received injuries on his left hand. Shiv Ram (accused) have lathi injury to Shanker. The complainant raised alarm, on hearing which other persons in the Panchayat also started shouting. Ram Shuchit (P.W. 5), Misri Lal (P.W. 1) and Ramji rushed towards the complainant and saved his life. Accused Churamani is a very influential and criminal type of person. The marpit had taken place around 10 a.m.;