- (1.) V. D. Chaturvedi J. This appeal has been filed against the judgment and order dated 4-10-1979 passed by Sri S. D. N. Singh, the then Sessions Judge, Mirzapur in Sessions Trial No. 41 of 1976 whereby he has convicted the appellants Jittan Singh, Harinand Singh, (dead) Krishnanand Singh (dead) and Paras Singh (dead) under Section 148 I. P. C. and appellants Girja and Nirmal under Section 147, I. P. C. He has further convicted all of six appellants for the offences under Sections 304 (Part I)/149, 323/149 and 324/149, I. P. C. He awarded the sentences of imprisonment of two years R. I. for offence under Section 148 I. P. C. , one year R. I. for offence under Section 147, I. P. C. , five years R. I. for offence under Sections 304/149, I. P. C. Nine months R. I. for offence under Sections 323/149, I. P. C and one-year R. I. for offence under Section 324/149 I. P. C. All the sentences of imprisonment were ordered to run concurrently.
(2.) THE learned Sessions Judge by his said judgment and order acquitted the remaining eight accused persons, namely Randhir, Yashwant Singh, Daya Ram, Shamsher, Barkau, Hansnarain, Ujjal Singh and Gora. The complainant Udai Singh S/o Budhi Ram resident of Sahaspur, P. S. Chunar, District Mirzapur submitted on 2-1-1976 at 9. 45 a. m. a written report (Ext. Ka-7) at P. S. Chunar stating therein that on 2- 1-1976 at about 7 a. m. He alongwith his brother Abhay Singh was watering his field from tube-well No. 29 under the permission of the Pradhan of the village (Sri Balwant Singh); that accused Jittan Singh objected it and said that he would carry the water to his field and would see that the crops of the complainant are dried; that thereafter he (Jittan) left the place and came back after half an hour alongwith the accused Harinand Singh, Yashwant Singh, Krishnanand Singh, Paras alias Lodhi, Girja, Daya Ram, Shamsher, Barkau, Randhir, Hansnarain, Nirmal, Ujjal Singh and Gora; that all of the accused persons were armed with spades, spears and lathies; that they started saying "kill them all"; that they started causing injures to the complainant and his younger brother Abhay Singh; that on cry being raised the complainant's father (Budhi Ram), Pradhan Balwant Singh, Budhiu, Nanku and many others reached there and started pacifying the matter; that meanwhile Jittan Singh exhorted "budhiram KO JAN SE MAR DALO YEH SALA MERA SABSE BARA DUSHMAN HAI"; that Jittan, thereafter, assaulted the complainant's father by spade and the remaining persons started assaulting by lathies, spears and spades; that presuming that the complainant's father had died, the accuse persons had fled away; that the complainant's father sustained, spade, spear and lathi injuries, the complainant suffered spade and lathi injuries, the complainant's brother sustained lathi and spear injures and Lalmani sustained lathi injuries; that the complainant reached the Police Station alongwith his father, brother Abhay Singh and Lalmani to give information about the incident. Upon submission of the report Ext. Ka-7, the case was registered under Sections 147, 148, 323, 324 and 307, I. P. C. at Crime No. 4 of 1976. The investigation was conducted by S. I. Atma Nand Singh (P. W. 7 ).
(3.) THE injured persons were sent to Chunar dispensary for their medical examination and treatment, where Budhi Ram, Udai Singh, Abhay Singh and Lalmani were medically examined by Dr. B. M. P. Srivastava (P. W. 4) on 2-1-1975 at 10. 15 a. m. and onwards. THEir injury reports are Ex. Ka-3, Ka-4, Ka-5 and Ex. Ka-6 respectively. The doctor in his report Ex. Ka-3, found the following injuries on the person of Budhi Ram : (1) One lacerated wound 4 cm x 1 cm bone deep on right side of head 12 cm away from right eye brow associated with swelling 11 cm x 14 cm (U. O.) and the margin not clean and irregular and bleeding present. (2) Bleeding from right ear present. (3) One incised would 2-1/2 cm x 1 cm x muscle deep on the dorsal surface of root of right index fingers and the margins are clean cut. (4) One incised wound 8 cm x 2 cm x muscle deep on the front of right leg upper part. (5) One incised wound 2 cm. x linear in shape 1/2 cm. just below injury No. 4. His pulse was found feeble. His respiration was 40 per minute. Injuries No. 1 and 2 were kept under observation. In the doctor's opinion injuries Nos. 3 4 and 5 were caused by sharp edged weapon and injuries 1 and 2 were caused by blunt weapon. The duration of injuries was found fresh.;