Palok Basu J. - (1.) THE aforesaid criminal appeal arises out of the judgment and order dated 28.8.76 whereby the 1st Additional District and Sessions Judge, Saharanpur has convicted and sentenced the appellants, Bagoo Ram, Pawan Kumar, Amar Singh and Baldev Singh to undergo four year's R.l. under Sections 307/140, I.P.C. and 18 month's R.I. under Section 452, I.P.C. Appellants Bagoo Ram and Pawan Kumar were further convicted under Section 148, I.P.C. and sentenced to one year R.I., and appellants Amar Singh and Baldev were further convicted under Section 147. I.P.C. and sentenced to six months R.I. in Sessions Trial No. 184/75 relating to the incident which arises out of the First Information Report lodged by Chunni Lal.
(2.) THE aforesaid Government appeal arises out of the same incident but concerning the cross F.I.R. which was lodged by Kashmiri Lal at the same police station against seven respondents in the Government appeal who were tried in sessions Trial No. 183/75 under Sections 148, 302/149 and 307/149, I.P.C, but have been acquitted by the trial Judge of all those charges. By order of this Court, the two matters have been directed to be heard together though the evidence in both Sessions Trial was different and judgment by the trial Judge was also different. The purpose behind the aforesaid orders appears to be to facilitate a proper understanding of the case as it will be easier to reach the truth after the evidence is closely scrutinised. The Investigating Officer collected whatever evidence he could and left the burden upon the court to determine the truth from out of the two charge sheets and if either was incorrect, which side could really be termed as aggressor. As noted above, learned Judge placed reliance on the prosecution case in the Sessions Trial No. 184/76 and convicted and sentenced the four appellants holding them to be aggressors. He did not think it proper to convict the seven accused in sessions Trial No. 183 of 1976 and acquitted them who now are the respondents in the Government appeal.
(3.) AT the outset it may be stated that in the criminal appeal, there are two persons who have sustained injuries on the accused side. Pawan Kumar appellant was medically examined on 15.2.76 at 10.40 p.m. by Dr. V. K. Jain and the following injuries were found on his person : 1. Incised wound 3.5 cm. x 1.5 cm. v.muscle deep on front of right region. Margins clear cut. Profusely bleeding. 2 Incised wound 3 cm. x 2 cm. x muscle deep on the outer side of right region. Margins clean cut. Profusely bleeding1, 3. Lacerated wound 5 cm. x 1/2 cm. x.muscle deep front of left side head 15 cm. above the left Ear. Inj. Kept U.O. Advised K-ray. 4 Incised wound 3 cm. x 1 cm. x depth not probed in the right Axilla. Profusely bleeding Margins are clean cut. Kept. U.O. Advised X-ray. 5 Incised wound 1 cm. x 3/4 cm. x muscle deep in the middle of the right Axilla Margins clear cut. Profusely bleeding. Kept U.O. Incised wound 3 cm. x 1 cm. x depth not probed on the left side chest 8 cm. above lateral to the umblious. Margins clean cut. Kept U.O. Advised X-ray profusely Bleeding.;