G.S.N.TRIPATHI, J. - (1.) THE then IVth Addl. Sessions Judge, Varanasi convictged the accused Mittan alias Mita Ram and Panna on a charge under Section 147, IPC and sentenced them to undergo 6 months R.I. Accused Kashi, Ram Dhani, Badri and Algu were convicted once charge under Section 148, IPC and sentenced to undergo 2 years' R.L All the aforesaid six accused were further sentenced to undergo 5 years' R.I. on a charge under Section 307/149, IPC. 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 PS. Mirzamurad, Distt. Varanasi.
(2.) PROSECUTION case started on the basis of a written F.I.R. made by Kallo 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 complaintant's brother, Pannal Lal was going to his khalihan when accused Mittan, Kashi, Panna, Ram Dhani, Badri and Algu, armed with lathies and spears, started assaulting him. Mittan and Panna had lathies. 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 Pannal Laland 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.
(3.) 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.;