- (1.) M. Chaudhary, J. This is an appeal filed by accused appellants Man Phool and Parsada from judgment and order dated 27th of June 1980 passed by Sessions Judge Saharanpur in Sessions Trial No. 77 of 1980 State v. Parsada & Ors. , convicting accused Parsada and Man Phool under Sections 302, 323 and 436 each read with Section 34 IPC and sentenced to imprisonment for life, rigorous imprisonment for six months and to a fine of Rs. 500. 00 respectively thereunder. However accused Khajan, Banwari and Jagdish were acquitted of the charge levelled against them. Appeal filed by accused Man Phool stood abated vide order dated 27th of January 2004 as he was reported having died.
(2.) FIRST informant revisionist Parsada filed this revision from judgment and order dated 27th of June 1980 passed by Sessions Judge Saharanpur in Sessions Trial No. 183 of 1980 State v. Ram Swarup & Ors. , acquitting all the accused of the charge levelled against them under Sections 147, 148, 307, 323 and 452 each read with Section 149 IPC. Since the criminal appeal and criminal revision aforesaid have arisen out of cross-cases both are being taken up together for disposal with the consent of the parties learned Counsel. Brief facts giving rise to this revision are that at 9. 15 p. m. on 14th of March 1979 Parsada lodged an FIR at police station Nakur District Saharanpur situate at a distance of about five miles from village Jafarpur Nariyali that at about 4. 00 p. m. that evening he alongwith his brother Phool Singh, nephew Rishi Pal and his neighbour Hukma were sitting inside their house and enjoying 'hukka' that Kali Ram alongwith his sons Ram Swarup, Ziley, Tej Pal and Surat Singh and one Sahi Ram and his son Babu armed with lathi, ballam and Balkati (sharp edged weapon) etc. entered the house and started hurling abuses and as Parsada and his companions asked them not to abuse they gave them blows with their respective weapons causing them injuries. On hearing the hue and cry raised one Phool Singh, Chetan and Sota rushed to the scene of occurrence and saved them. The police registered a crime against the accused under Sections 147, 148, 452 and 323 IPC accordingly and started the investigation.
(3.) INJURED Parsada, Rishi Pal and Hukum Chand were got medically examined at Primary Health Centre Nakur. Medical examination of injured Parsada by Dr. Jugal Kishore Mittal Medical Officer Primary Health Centre Nakur at 9. 30 p. m. the same night revealed below noted injuries on his person: (1) Lacerated wound on left parieto temporal area 3 cm x 1 cm x scalp deep with traumatic swelling in an area of 6 cm x 6 cm. (2) Abrasion on mid line scalp 3 cm x 2. 5 cm rounded with traumatic swelling in an area of 8 cm x 5 cm. (3) Contusion 12 cm x 1. 5 cm. on left side chest posterior axillary line. (4) Abrasion 1 cm rounded at spine on left scapula. (5) Abrasion left forearm upper third lateral 4 cm x 1 cm another 2 cm x 1 cm. (6) Pea size abrasion on knuckle at right middle finger. (7) Abrasion right elbow posteriorly at bony part 2 cm x 1 cm.;