S.K.JAIN, J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence both dated 24-1-1980 vide which the appellants were convicted and sentenced as under by Sri S. S. Gupta, IV Addl. District and Sessions Judge, Varanasi :- 3. PEDEGREE TABLE NO. 5 : Chhedi Hasan alias Chhedi (accused-appellant) is not related to any body but allegedly belongs to the group of Habibullah. 4. Short fact of this case as revealed in the testimony of three eye-witnesses namely : Chhedi PW 1, Jadu Nath PW 2 and Ilias PW 3, are that Yusuf and Habibullah accused resided in village Belaudi PS Mirza Murad, District Varanasi. There was a long standing enmity between them and Habibullah on account of land and construction of house. Due to this reason there were two parties, one led by Yusuf and the other headed by Habibullah. 5. On 1-5-1977 at about 7 a.m. members of the family of Habibullah namely, his wife Mst. Kusum and his son Niyamat were stacking bricks in the dilapidated house situated in the west of his house. Ilias and family members of Yusuf asked them not do so. Thereupon, Niyamat, Samad, Yunus, Rashid, Chhedi, Shamsuddin, Sadruddin and Ekram arrived and started abusing them. Persons present there asked them not to do so but to no effect. All of them climbed on the roofs of their respective houses. Habibullah. Niyamat, Samad, Yunus, Rashid, Chhedi Hasan climbed at the roof of Habibullah. Shamsuddin and Ekram reached on the roof of their houses. All of them started pelting brick and stone bats thereby causing injuries to Nijamuddin, Ilias and Mst. Kusum, wife of habibullah who were downstairs Shamsuddin, Sadruddin and Ekram alighted from their roof while raising Lalkara. Ekram was armed with Gandasa whereas Shamsuddin and Sadruddin were armed with one lathi each. They went towards Ilias. Chhedi PW 1 and his son Kayum asked them not to do so. Shamsuddin exhorted his co-accused to kill them. Thereupon, Ekram dealt a Gandasa blow which landed on the hands of Kayum whereupon he fell. llias and Kalam had also pelted stones on the accused persons. Thereafter Niyamat accused set the dilapidated house on fire. After the accused had left the place of occurrence, Kayum was carried to Gangapur on a cot from where he was taken to Police Station Mirza Murad in a taxi where Yadunath Singh, Peadban, lodged FIR Ex. Ka. 1. Kayum was removed to S.S.P. Gupta Hospital, Varanasi for medical examination. 6. The accused had also suffered injuries and, therefore, they were medico-legally examined by Dr. Narsingh Upadhya, PW 5 who found the following injuries on their persons vide injury reports Ex. Kha. 1 to Kha. 3 :- Injuries of Sadruddin : 1. Lacerated wound 3 cm. x 4 cm. x bone deep on the left side of the forehead 2" above the left eyebrow and 1/2" left to the middle line. Surrounding area contused and swollen. Fresh blood clots present on and around the wound. Bleeds on touch. 2. Lacerated wound 3.5 cm. x 5 cm. x bone deep on the left side of the forehead 1 cm. above the injury No. 1. Surrounding area contused and swollen. Fresh blood clots present on and around the wound. Wound bleeds on touch. 3. Lacerated wound 1" x 3 mm. x bone deep on the right eyebrow at its outer side, surrounding area contused and swollen. Fresh blood clots present on and around wound. 4. Abrasion 2" x 2" on the left side of the chest 2" below and out to left nipple. Colour reddish. 3484.htm@@@
(2.) Following pedegree tables will be beneficial in understanding the facts of this case. 5. Abrasion 2" x 1 1/2" on the right side back at the inferior angle of right scapula. Colour reddish. 6. Penetrating wound 4 mm. x 4 mm. x 11/2" on the outer side of right thigh 6" above the right knee. Bleeding present on touch. Surrounding area swollen in 2" x 1" diameter. 7. Abrasion 1 cm. x 3 mm. x on the outer side of right knee. 8. Lacerated wound 4 mm. x skin deep on the front of left ankle. Fresh blood clots present on and around the wound. Surrounding area swollen. Injuries of Shamsuddin : 1. Lacerated wound 1/2" x 3 mm. x bone deep on the left side of the forehead 3 cm. left to the mid line and 1" above the left eye brow. Fresh blood cots present on and around the wound. Bleeding present on touch. Surrounding area swollen and contused. 2. Contusion 2" x 1" on the back of right forearm 2" above the wrist joint. Colour reddish. 3. Contusion 1" x 1/2" on the back of left hand near the base of thumb colour reddish. 4. Contusion 1 1/2" x 1" on the front of left thigh 8" above the knee. Colour reddish. 5. Contusion 1 1/2" x 1 1/2" on the back left side at the level of inferior angle of scapula. Colour reddish. All injuries simple in nature. Seem to be inflicted by blunt object. Duration fresh. Injuries of Smt. Kusum : 1. Lacerated wound 4 mm. x 3 mm. x muscle deep on the upper lip in the mid line. Whole upper lip is swollen. Fresh blood clots present on and around the wound. 2. Contusion 2" x 2" on the right cheek at the sygomatis region. Colour reddish blue. 3. Contusion 1" x 1" on the back of left shoulder at the upper border of left scapula. Colour reddish.
(3.) This Doctor had also medico-legally examined PW 6 Ilias, vide injury report Ex. Ka. 10 and Abdul Kalam Ex. Ka. 4. PW 9 Dr. V. P. Singh had medico-legally examined Kayum on 1-5-1977 at 10.10 a.m. in S.S.P. Gupta Hospital, Varanasi and found following injuries on his person :- "Incised wound 2 cm. x 3 cm. x brain deep (brain matter coming out) on the front of the forehead".;