Kundan Singh, J. - (1.) This appeal has been preferred by Yogendra Nath Bechai, Beepat, Hire, Sita Ram and Rakesh against the Judgment and order dated 17.8,81, passed by Sri Gaya Prasad IVth Addl. Sessions Judge, Mirzapur, in Session Trial. No. 353 of 1982, whereby the appellants have been convicted under Sections 147, 307/149, 325/149 and 332 Indian Penal Code and each of them has been sentenced to 6 months, 7 years, 2 years and six months rigorous imprisonment respectively with the direction to run all the sentences concurrently.
(2.) The prosecution case, in brief, that Sri Amal Dar Singh informant (P.W. 1) was working as Asstt. Engineer, Sub-division Chunar of Musa Division Bandh Prakhand, Varanasi, he received various orders of superior officer, including the last letter dated 30.1.81 to remove the water out-let from Shekha Minor Canal near the village Moroja whereby the compliance report was also sought from the complainant. For this purpose the complainant reached at the Husainpur Inspection House on 31.1.81 at 2.00 P.M. by Jeep No. USS 3852, which was being driven by Kedar Nath where he found Nawal Kishore Singh, Junior Engineer, who had already been informed about the arrival of informant. Thereafter he along with Nawal Kishore Singh and four labourers reached at 5.00 P.M. the place where the water out lets were to be removed. At about 4.45 P.M., 2 pipes had been taken out when about 60 persons armed with lathis and spears reached there and asked the informant not to remove the same. They also abused, surrounded and assaulted the labourers who started running away. After hearing the noise some persons including Babban Singh (P.W. 2), Udai Nath Tiwari patrol and others had reached there and they brought him to the jeep where he instructed them to reach at the Inspection House and told that he was going to police station Ahrora. After reaching the police station he handed over an application for providing police force. The Station Officer assured to provided police force the next morning. The informant proceeded to Inspection House. At about 8.30 P.M. as soon as his jeep reached the hill way, at a distance of about 2 furlongs from the Inspection House, he found a crowd of about 200 persons armed with spears and lathis on both sides of the road and they cried to assault him and started assaulting him and driver both with lathis and rained lathi blows on the jeep. As the jeep could turn back, they ran to the Inspection House on the :jeep, since the driver received several lathi blows he lost control of the jeep which dashed against the chahutra around a tree. The assailants chased them and arrived there also. They dragged the informant out of the jeep and assaulted him. The complainant tried to run away but some body gave a heavy lathi blow on his head as result of which he fall down. Junior Engineer, Nawal Kishore Singh and Kedar Nath also sustained injuries. It was also alleged that purse and wrist watch of the informant had misplaced in that marpeet. On the intervention by the witnesses, the assailant had run away, but they were successful in apprehending one Yogendra Nath Singh after giving him, some beating. The informant and the witnesses recognised 18 persons amongst the assailants in the light off torches of P.Ws. The informant Amal Dar Singh dictated report of the incident to Ram Singhasan Jilander and then the informant was brought to police station Ahrora on a cot, where he lodged the first information report at 11.05 P.M. in the night in respect of the incident. The injured persons were sent to S.S.P.G. Hospital, Varanasi where the informant was medically examined at 4.45. A.M. on 1.2.81 by Dr. Sunil Kumar (P.W. 4) while the injuries of Nawal Kishore Singh and Kedar Nath were examined at 11.20 A.M. and 11.50 A.M. respectively on 1.2.81 Dr. Vaijai Narain (P.W. 2). Their injuries were also X-rayed.
(3.) The injuries of informant Amal Dar Singh are as follows:- Injury (1) Lacerated wound 3.5 cm. x 2 cm. x scalp deep on left side head 9 cm. above left ear. (2) Abroaded contusion 3.5 cm x 3 cm. on left side fore head 1 cm. above Rt. eye-brow. (3) Lacerated wound 1/4 cm. x 1/4 cm. x muscle deep on outter end of Rt. eye-brow. (4) Multiple abrasion in area of 10 cm. x 8 cm. on left side faces. (5) Contusion 5 cm. x 2.5 cm. on Rt. face just below Rt. eye. (6) Contusion 17 cm x 3 cm. left side chest 13 cm. below left nipple. (7) Multiple confusion in whole area of 33 cm. x 24 cm. on left side hip adjoining back (sic). (8) Contusion 2 cm. x 3 cm. on Rt. side back upper part just below neck. (9) Contused swelling 10 cm. x 8 cm. on dorsum of left hand and finger-Adv X-ray. (10) Abrasion 1.5 cm. x .04 cm. on back of Rt. forearm 6 cm. above Rt. wrist. (11) Multiple contusion in area of 18 cm. x 10 cm. infront and middle of eye (sic). (12) Multiple abraded contusion in area of 15 cm. x 08 cm. on front of eye cum adjoining leg. (13) Contusion 6 cm. x 3 cm. in outer side of left the upper part. (14) L.W. 2 cm. x 0.1 cm. x skin deep on front of Rt. leg just below knee. (15) Contused swelling 13 cm. x 10 cm. infront of Rt. ankel joint Adv. X-ray. (16) complaint of pain entire Prooving. Nature : Injury No. I to 15 except injury No. 9 and 15 are simple, which are in Adv. X-rays caused by blunt object in fresh on, Duration within one day old. I.W. Opine on ear he given about inj. No. (5).;