- (1.) E. G. Shah, J. The appellants, four in number, were charged for having committed offences, punishable under Sections 323, 325 and 302, I. P. C. , each read with Section 34, J. P. C. The learned III Additional Sessions Judge, Banda, in Sessions trial No. 133 of 1979, held them quilt of the offences for which they were charged. He sentenced each one of them to imprisonment for life for an offence under Section 302/34,i. P. C. He, however, did not inflict any separate punishment upon the appellants for the offences under Section 323/34 and 325/34, I. P. C.
(2.) THE facts of the prosecution case may briefly be stated as follow. Deceased Maiyadin belonged to Harijan Chamar community. He was leader of that community. He took up the causes of that community and asked his community people to demand proper wages for the labor work they did. On this account, according to the prosecution, the persons belonging to Thakur community of village Vihar were enraged at the deceased. The incident giving rise to this case occurred at about 5. 00 p. m. , on October 31, 1977. The deceased had just then come from the field and he was sitting at his house in village Vihar. His wife Golibya (PW 5) and his daughter-in-law Sukumariya (PW 1) were inside the house. At that time, according to the prosecution, the four appellants came to the house of the deceased. They were armed with weapons. Gajodhar, appellant No. 1, caught hold of the deceased and exhorted the other appellants to drag the deceased outside and kill him. Thereupon Ram Bhavan, appellant No. 3 and Naresha, appellant No. 4, assaulted the deceased by means of sticks. The deceased raised shrieks hearing which his wife and daughter-in-law came there and some others also came there. It is further the case of the prosecution that thereafter the deceased followed by his wife and daughter-in-law and others started for going to the stone crusher of Khajanchi Singh (DW 2) for having redressed of his grievances against the appellants. When the deceased and the persons who were accompanying him came near a place known as Pathariya (Pathariya Baba) at 7. 00 p. m. the appellants once again assaulted him by means of dangerous weapons and felled him down. On hearing the shrieks of the deceased, his brother Babu Lal and others also came there. They intervened and challenged the appellants and thereupon the appellants took to their heels. Thereafter the wife and the daughter.-in-law of the deceased arranged to take the deceased at Shivrampur out-post. At that out- post, the deceased made a statement Ext. Ka-1 before Putti Lal (PW 6) at 9. 00 p. m. who was the officer Incharge of the Police out-post. After recording the statement, Putti Lal arranged to send the deceased as also Secularly who had sustained injury to the Primary Health Centre, Shivrampur which is situate in the same building in which the Police out-post, Shivrampur is situate. At the Primary Health Centre, Dr. P. N. Singh (PW 9) examined the deceased at 9. 20 p. m. The doctor found the following : (1) Lacerated wound 5 cm. X 1 cm X bone deep on the top of head right side, obliquely placed 10 cm. above right ear,-oozing of blood present. (2) Lacerated wound 4. cm. X 0. 5 cm. x scalp deep oblique on left side head 10 cm. above left ear, oozing of blood present. (3) Lacerated wound 3 cm. X 0. 5 cm. X scalp deep on left side head 2 cm. above injury No. 2 oozing of blood present. (4) Lacerated wound 2 cm. X 0. 5 cm. X scalp deep on right of head left side 2 cm. above injury No. 3 oozing of blood present. (5) Incised wound 2 cm. X 0. 4 cm. X muscle deep on right side face obliquely just below right lower eyelid margined cut, oozing of blood present. (6) Lacerated wound 2 cm. X 0. 5 cm. X muscle deep on left bide face 1 cm. below left lower eyelid, obliquely placed, oozing of blood present. (7) Reddish contused swelling in an area of 5 cm. x 4 cm. on the outer side of right elbow. (8) Punctured wound 1 cm. x 0. 5 cm. 2 cm. deep as far as easily probed going upward and medially on left arm lower part outer side 3 cm. above elbow, margins inverted and oozing of blood present. (9) Abraded contusion 5 cm. x 3 cm. reddish on the back of left fore-arm upper 1/3rd part. (10) Reddish abraded contusion 6 cm. x 3 cm. on the back of left fore-arm lower 1/3rd part. (11) Contused swelling in an area of 6 cm. X 2 cm. reddish on the back left hand upper and middle 1/3rd part. (12) Punctured wound 0. 5 cm. X 0. 5 cm. X 1. 4 cm. deep as far as easily probed going upward and medially on right leg upper 1/3rd part medial side 11 cm. below right knee, margins inverted and oozing of blood present. There is contused swelling in an area of 3 cm. X 2 cm, just above the ground. (13) Lacerated wound 2 cm. X 0. 5 cm. X muscle deep on left leg lower 1/3rd part medial side oblique, oozing of blood present. (14) Reddish contusion 8 cm. X 2 cm. on the back of chest left side lower 1/3rd. part, obliquely placed. Dr. Singh also examined Sukumariya, daughter-in-law of the deceased at 10. 20 p. m. on that very day and found that she had a reddish contused swelling in an area of 5 cm. X 3 cm. on the lower 1/3rd part of right arm outer side. That injury was simple in nature and as stated by the doctor it was possible to be caused by a blunt object. The doctor found the injury to be fresh. It is the prosecution case that from the Primary Health Centre, the deceased was once again taken to Shivrampur out-post which, as stated, is situate in the same building in which the Primary Health Centre is situate. At the out-post, according to the prosecution, after about 10. 25 p. m. , the statement of the deceased Ext. Ka-17 was recorded by S. I. Mr. S. K. Dikshit (PW 8) who was ascend to investigate into the case. The doctor at the Primary Health Centre, finding the condition of the deceased to be critical, had advised that the deceased should be taken to Government Hospital at Banda. However, as no conveyance for taking the deceased to Banda was immediately available. Sukumariya, the daughter-in-law of the deceased and others wanted for a conveyance taking the deceased to Banda. However, in the meanwhile some time before 5. 00 a. m. on November 1, 1977, the deceased succumbed to the injuries that ho had sustained.
(3.) THE Investigating Officer, Mr. Dikshit completed the investigation and submitted the charge-sheet against the appellants. In due course, they were committed to the Court of Sessions. THE learned IIi Additional Judge, Bauda on an appreciation of evidence led before him, found the prosecution case to be acceptable and passed the impugned order of conviction and sentence. We have heard Sri V. C. Tewari, learned Counsel for the appellants and Sri R. C. Deepak, learned Assistant Government Advocate for the respondent. It is the prosecution case that the four appellants at first at about 5. 00 p. m. went to the house of the deceased at village Vihar armed with weapons and assaulted him. At that time, according to the prosecution, all the four appellants were armed with weapons. It is further the prosecu tion case that at that time, appellants Nos. 3 and 4 gave stick blows to the deceased. The deceased raised shrieks, hearing which Sukumariya (PW 1), daughter-in-law of the deceased and Golibya (PW 5), wife of the deceased, came out from inside the house and thereupon the appellants left the place. This, according to the prosecution, happened at about 5. 00 p. m. A little while later on at about 7. 00 p. m. , the deceased was going to Khajanchi Singh, the owner of the stone crusher who, according to the deceased, was a just and reasonable man for the purposes of having redressed of his grievances against the appellants who had assaulted him. The deceased was then accompanied by Sukumariya and Golibya and they were followed by the brothers of the deceased and some others. When they came near the place known as Pathhriya Baba, the appellants once again assaulted the deceased by means of weapons like sticks, Ballam (Kanta) and pharsa. Sukumariya and others tried to rescue the deceased from the assault that was launched upon him by the appellants and in the process, Sukumariya received a minor injury on her arm. According to the prosecution, the deceased was then taken to the police out-post Shivrampur where he lodged the First Information Report Ext. Ka-1.;