R. P.Shukla, J. - (1.) CHULHAI, his two sons Mukhram and Ramji, grand son Ram Kesh and nephew Ram Murat have been convicted and sentenced to various terms of imprisonment under sections 302/149, 307/149, 325/149, 324/149 and 323/149, IPC.
(2.) MUKHRAM and Ram Kesh are further sentenced to two years R. I. under Section 14s, IPC. Chulhai, Ramji and Ram Murat are convicted and sentenced to one year R. I. under Section 147, IPC each. All the sentences of all the appellants were made to run concurrently. Aggrieved by this order of First Additional District and Sessions Judge, Varanasi dated 30-7-1977 in session trial no. 23 of 1977, the appellants have preferred this appeal no. 1640 of 1977. The report of Chief Judicial Magistrate Varanasi dated 22-1-1983 Confirmed that appellant Chulhai son of Patti died his natural death about a year and half, and hence his appeal abates. The prosecution case as disclosed in the first information report (Ext. Ka 7) is that on the morning of 14-7-1976 after sun rise Dubri, his son Ram Dulare and his ploughman Khichchar had gone to plough their plot no. 1/14 situate in village Atarwa. While they were getting ready to plough the field, appellants Mukhram, Ramji son of Chulhai, Ram Kesh son of Mukhram, Ram Murat son of Lotai and Chulhai son of Patti of village Pharsa came from the south. Mukhram had Gandasa, Ram Kesh had a Barcha and the others had lathis. They started assaulting Dubri and Ram Dulare and on alarm Ram Jatan and Lalli brothers of Dubri came running to help. They were also belaboured by the appellants. Khichchar tried to intervene but he too was beaten. The occurrence was witnessed by Mathai son of Ramman, Shiv Narain son of Kedar and Genda Mushar all of village Bhardua. The appellants took four bullocks of Dubri to the cattle-pond. As the condition of the injured was some what serious, they arranged for a tractor and went to lodge a first information report. The oral report was lodged by Dubri at 12.15 p. m. at police station Chakia on the same day. The report is Ext. Ka 7. An entry of this first information report was made in the general diary Ext. Ka.8 and a case under Section 147/148/149/307, IPC was registered on its basis.
(3.) THE injured were sent to Primary Health Centre Naugarh for their medical examination. On their way to Primary Health Centre, Naugarh, Ram Jatan succumbed to his injuries. Dr. Arun Kumar Gupta, PW 2, was the Medical Officer at Primary Health Centre. He found Ram Jatan dead and made a note Ext. Ka. 1 to this effect on his report for medical examination. Dubri was medically examined at 5.30 P. M. on 14-7-1976 and following injuries were found on his person: 1. Lacerated wound 1 cm x 1/2 cm x 1/4 cm over the middle of the right parietal region, 7 cm from right pinna. 2. Bruise 15 cm x 1-1/2 cm over the left supra scapular region. 3. Bruise 7 cm x 1-1/2 cm over the right supra condylar region. 4. Bruise 9 cm x 1-1/2 cm over upper region of the right forearm. 5. Punctured wound 1 cm x 1/8 cm x bone deep over the medial side of the right lower fore-arm. Swelling.3 cm x 2 cm over the back of the lower left fore-arm. 7. Bruise 1-1/2 cm x 4 cm over the back of the left fore-arm below the elbow. 8. Fracture of the left middle fore arm (Both bones). The injury report is Ext. Ka. 2. Ram Dulare was examined on the same day at 5.45 p. m. and the following injuries were found on his person : 1. Incised wound 6 cm x 2 cm x bone deep over the right post parietal region 12 cm from right pinna. 2. Incised wound 5 cm x 1-1/2 cm x bone deep over the right post parietal region 9 cm from right pinna. 3. Bruise 8 cm x 1-1/2 Cm over the lateral side of the middle of the left arm 9 cm from the left lateral side of the middle of the left arm, 9 cm from the left lateral condyle. 4 Bruise 4 cm over the back of the left lower fore arm 5 cm from the left wrist joint. 5. Bruise 20 cm x 1-1/2 cm over the right shoulder extending upto lateral wrist joint. 6. Bruise 7 cm x 1-1/2 cm over the lateral side of the middle of the right arm. 7. Bruise 6 cm x 1-1/2 cm over the lower portion of the right arm. 8. Bruise 19 cm x 1-1/2 cm over the lateral side of the front of the right fore-arm. 9. Bruise 2 cm x 2 cm over the middle of the right back 10. Bruise 22 cm x 5 cm over the lower portion of the back. 11. Bruise 12 cm x 2 cm on lower portion of the left back. 12. Bruise 12 cm x 3 cm over the lower part of the right side of the back. 13. Bruise 19 cm x 3 cm over the lateral side of the upper portion of the right thigh. 14. Bruise 14 cm x 2 cm over the lateral side of the upper portion of the right thigh. 15. Bruise 8 cm x 2 cm over the lateral side of the middle of the left thigh. Injuries Nos.1 and 2 of Ram Dulare were found grievous. ;