G.S.N.Tripathi - (1.) THE then IVth Addl. Sessions Judge, Varanasi convicted the accused Mittan alias Mita Ram and Panna on a charge under Section 147.I.P.C. and sentenced them to undergo 6 months' R.I. Accused Kashi, Ram Dhani, Badri and Algu were convicted on charge under Section 148, I.P.C. and sentenced to undergo 2 years R.I. All the aforesaid six accused were further sentenced to undergo 5 years' R.I. on a charge under Section 307/149, I.P.C. All the sentences were ordered to run concurrently. THE aforesaid judgment was delivered in S.T. No. 193/78 of Distt. Varanasi, State v. Mittan and others relating to P. S. Mirzamurad, Distt. Varanasi.
(2.) PROSECUTION case started on the basis of a written F.I.R. made by Kalloo Ram at P. S. Mirzamurad Distt. Varanasi on 2.5.76 at 12.15 p.m. The incident is said to have taken place in the night of 1/2.5.76 around midnight. The distance of the police station is 5 miles. The allegations in the F.I.R. are that in the night of occurrence, the complainant's brother, Panna Lal was going to his Khalihan when accused Mittan, Kashi, Panna, Ram Dhani, Badri and Algu, armed with lathis and spears, started assaulting him. Mittan and Panna had lathis. Others had spears. Hearing the alarm, Phundan, Ram Chandra and others arrived there flashing their torches. Thereafter, the accused retreated. Serious injuries had been received by the injured Panna Lal and his condition was serious. Therefore, he was lodged in Kabir Chaura Hospital. His condition continues to be serious and he is unconscious. A delay was caused In lodging the report. On the basis of the written information conveyed by the complainant, chik and G. D. entries were made by Constable Prabhu Nath Singh, P.W. 7. Constable Ram Vilas Pandey, P.W. 6 was also present. It appears that the police did not take interest. Therefore, the complainant made an application to the S.S.P. on 10.5.76 and on his orders, the Investigation In the case took place.
(3.) THE I.O. Sri S. P. Rawat started investigation effectively from 12.5.76 after the receipt of the order from the S.S.P. He went to the spot on 21.5.76 and recorded the statements of the witnesses and prepared the site-plan. On 15.6.76, the X-ray report and injury reports were received. He examined the torches of the witnesses on 5.11.76. Thus somehow or the other, the investigation was concluded and charge-sheet was submitted. The prosecution has examined P.W. 1 Panna Lal, the injured. He has deposed thai the accused are inter-related amongst themselves and have formed a party. The aunt of Mittan, accused is Smt. Rajwanti. The accused and Smt. Rajwanti were litigating in the consolidation courts. Mittan had set up a false plea that Smt. Rajwanti was dead. But the complainant called Smt. Rajwanti from her father's place and got an objection filed by her and he was doing pairvi on her behalf against Mittan. On account of this enmity, the incident had occurred. Thereafter, he has described the manner in which the accused all of a sudden bounced upon him and caused injuries. He himself had a torch. Witnesses too had torches nay, the accused had also torches, which were flashed. The accused were known from before. They were identified on the spot. The witness lost his senses and became unconscious. He was shifted to Kabir Chaura Hospital for treatment.;