- (1.) J. S. C. Rawat, J. This criminal appeal arises out against the judgment and order dated 21-7-1984 passed by Additional Sessions Judge (Special Judge), Nainital in S. T. No. 180 of 1981 whereby the learned Additional Sessions Judge convicted and sentenced the appellants to pay a fine of Rs. 1,000/-under Section 323/34, IPC and in default of payment of fine each of the appellants to undergo R. I. for a period of three months. Appellant Shanti Ballabh was convicted and sentenced under Section 304, Part I, IPC to undergo R. I. for a period of 3 years and to pay a fine of Rs. 1,000/-and in default of payment of fine to undergo six month R. I.
(2.) AT the time of hearing of argument of the learned Counsel for the parties, the learned Counsel for the appellants submitted that appellant-Hari Nandan (in Appeal No. 743 of 2001) has died during the pendency of appeal. In this regard, a report was called for from the Chief Judicial Magistrate. Udham Singh Nagar, who sent his report dated 4-6-2002 about the death of the above named appellant. It reveals from the said report that the appellant-Hari Nandan has died during the pendency of appeal. Hence the appeal is dismissed as abated against Hari Nandan. The prosecution case, in brief, is that on 5-5-1981 at 8 a. m. accused Devi Datt, Hari Nandan, Satish Chandra and Shanti Ballabh came to the field of Ramesh Singh and started making 'jhala' in his field. Ramesh Singh tried to stop them on which the accused started abusing him. At the same time, Nandan Singh, brother of Ramesh Singh and Smt. Dharma Devi, mother of Ramesh Singh went to the place of incident and they also protested to the accused. The accused also abused them. The appellant Shanti Ballabh was having 'sambhal' and the other appellants were having 'danda' in their hands. The appellants started beating Gopal Singh, Nandan Singh and Smt. Dharma Devi due to which they received injuries. On the alarm, witnesses Sher Singh and Bishan Singh arrived at the spot and intervened. The injured persons were taken to P. H. C. Khatima where Ramesh Singh was medically examined by Dr. L. D. Khatri on 5-5-1981 at 2. 00 p. m. The following injuries were found on his person. " (1) Lacerated depressed wound size 10 cm x 1 cm x bone deep on the anterior half of the right side head in the anterio-posterio direction with suspected fracture of the underneath bone. Injury was kept under observation and advised X-ray. (2) Abrasion 0. 5 cm x 0. 5 cm on the left side forehead. The general condition of the injured Ramesh Singh was low and according to the opinion of the doctor injury No. 1 had been caused by 'sabbal' and injury No. 2 by some blunt weapon. He also opined that the parietal and frontal bones below injury No. 1 were fractured and were in pieces and the meninges were lacerated. The injuries of Smt. Dharma Devi PW-2 were also examined on the same day at 1. 40 p. m. and the doctor found the following injuries on her person: (1) Lacerated wound 1. 5 cm x 0. 5 cm x bone deep on the right side forehead about 3. 5 cm above the right upper eyelid. (2) Complaints of pain on both side lower part of the chest. The injuries were fresh in duration and according to the opinion of the doctor could be caused by 'sabbal'.
(3.) ON the same day Dr. Khatri medically examined Nandan Singh PW-5 at 1. 30 p. m. and found the following injuries on his person: (1) A traumatic swelling of the size of about 10 cm x 8 cm on the left knee joint front posterior aspect with the contusion 5 cm x 2. 5 in the middle of the swelling. Kept under observation, X-ray was advised. (2) Contusion 6 cm x 2. 5 cm on the back of the right upper part of the chest. (3) Abrasion 0. 5 cm x 0. 5 cm on the upper lateral aspect of right thigh. (4) Contusion 8 cm x 2. 5 cm on the lower back of the left side of chest. All the injuries were simple in nature and had been caused by some blunt weapon. The doctor prepared the injury reports Ex. Ka-16 to Ka-18 respectively. Gopal Singh submitted a written report (Ex. Ka-1) at P. S. Khatima on 5-5-1981 on the basis of which FIR (Ex. Ka-11) was prepared and a case was registered vide G. D. Entry Ka-12.;