G.S.N. Tripathi, J. - (1.) -The Additional Sessions Judge, Bulandshahr, vide its judgment and order dated 1.5.1985 passed in S.T. No. 429 of 1983 State v. Dhakkan and 6 others , held Dhakkan Lal, Chotey Lal, Mahesh, Satyapal, Suresh, Satish and Bal Kishan guilty on the charge under Section 147 I.P.C. and sentenced them to undergo R.I. for a period of one year. He further found them guilty under Section 307 read with 149 I.P.C. and sentenced them for 3 years R.I. Both the sentences were ordered to run concurrently. The appeal is directed against this order of conviction and sentence.
(2.) The prosecution case started on the basis of F.I.R. lodged by Vishnu Dutt Sharma, P.W. 1 at the police station Dankaur, District Bulandshahr on 5.12.1982 at about 2.30 p.m. He has alleged that there was some dispute between him and the accused Dhakkan Lal regarding some land situated in abadi. The matter had been settled by the Gram Panchayat. On 5.12.1982 at about 10 a.m. Mahesh accused started abusing the complainant. At that time the complainant's father was ploughing his field. Mahesh was requested not to abuse, but he did not relish this advice. He went back to his house and prepared for assault. At about 11 a.m. the accused Dhakkan Lal, Chotey Lal, Mahesh, Satyapal, Suresh, Satish and Bal Kislian came to the house of the complainant with lathis. Dhakkan Lal and Satyapal caught hold of the complainant and others started assaulting him with lathis. The complainant raised an alarm, his father and uncle Prem Raj P.W. 2 came to his rescue, but the accused assaulted them as well. Their condition was very serious. They had been sent to the Delhi Hospital. The incident was witnessed by Ranvir Singh Sharma, Badley Singh and Jaswant and others.
(3.) On the basis of this report, chick report was prepared at the police station on 5.12.1982 at 4.30 p.m. The distance of the place of occurrence from the police station is 9 miles.;