- (1.) G. S. N. Tripathi, J. Both these appeals arise out of judgment and order, dated 21. 9. 1977 passed by the Addl. Sessions Judge, Varanasi in S. T No. 126 of 1974, State v. Jai Bahadur and 33 others. Accused Phunnan Singh, Kalpru Singh, Kashi Singh and Bhola Singh have been convicted on a charge under Section 304, Part-I, read with Section 149, I. P. C. and sentenced to undergo 5 years' R. I. Accused Phunnan Singh, Kalpu Singh, Kashi Singh and Bhola Singh were further convicted on a charge under Section 436/149, I. P. C. and sentenced to undergo 5 years' R. I. Accused Kalpu Singh, Phunnan Singh, Kashi Singh and Bhola Singh and Munni Singh were also convicted on a charge under Section 323/149, I. P. C. and were sentenced to six months' R. I. Accused Kalpu Singh, Phunnan Singh, Kashi Singh, Bhola Singh and Munni Singh were convicted on a charge under Section 147, I. P. C. and ( sentenced to undergo six months' RJ. Accused Munni Singh was convicted on a charge under Section 304, Part-I, I. P. C. read with Section 149, I. P. C. and sentenced to undergo one years' R. I. Accused Munni Singh was further convicted on a charge under Section 436/149, I. P. C. and sentenced to undergo one years' R. I. By the same order the learned Addl. Sessions Judge acquitted the remaining 29 accused.
(2.) THESE two appeals have been filed by the convicted accused. The State has not filed any appeal against the order of acquittal of 29 accused. The prosecution case started on the basis of a FIR lodged by Khurbhur, PW1 at the Police Station Mirza Purad. Distt. Varanasi on 14. 9. 1971 at 18. 20 p. m. The incident is said to have taken place on the same day at about 4. 30 p. m. It has been alleged that the complainant is a Harijan since time immemorial, Harijan of the village have been lifting carcasses of dead animals belonging to the upper communalities of Brahmin, Thakurs etc. The ladies at the complainant com munity also used to cut placenta of the ladies of these communities at the time of their deliveries and they used to do other house hold chores. But with the passage of time education spread amongst the Harijans also and they dissuaded the elderly Harijans not to permit their ladies to cut placenta of upper communities and the males not to lift carcasses of their cattle. Raghunath was the leader of this pragmatic Section of the Harijans. The higher communities did not relish this attitude of the Harijans. There fore, they tried to teach them a lesson. On the date of occurrence about 2 persons, out of whom 30 have been named, raided the Harijan Basti, indiscriminately assaulted the Harijans, set fire to their huts and assaulted several persons. As a result of injuries caused to Bhaggal, he died. The accused looted properties of the Harijans and thus caused wide spread damage. Even the ornaments of ladies were got removed and the accused retreated only after causing wide spread danjvage to the person property etc. belonging to the Harijans of the Basti.
(3.) ON the basis of the oral report, a chik was prepared at the police station and investigation followed. The injured Bhaggal, Rajit, Chittu, Algu, Ram Dular, Madhai, Smt. Virajia, Smt. Rajwantia, Smt. Santuria, Faujdar, Baldeo, Sahdeo, Ram Kishore, Daknu, Khurbur and Ram Das were medically examined in the same night at the District Hospital, Varanasi. Bhaggal died and the post mortem examination of his dead body was conducted on 15. 9. 1971 at 12 noon. Two lacerated wounds, multiple abrasions along with compound fracture of the left leg were detected. As a result of injury No. 3, the broken rib entered the heart chamber, causing rupture to right ventricle and the death was caused on account of this injury. These injuries were caused by a blunt weapon. After interrogating the witnesses, the I. O. submitted the charge sheet against 34 accused and a joint trial of all of them took place.;