- (1.) M. Chaudhary, J. Since Criminal Appeal No. 1237 of 1998, Sobh Nath & Ors. v. State of U. P. and Government Appeal No. 2997 of 1998, State of U. P. v. Lallu @ Rama Shankar Shukla & Ors. , have arisen out of one and the same judgment and order dated 2nd of July, 1998 passed by XI Additional Sessions Judge, Gorakhpur in Sessions Trial No. 128 of 1989, State v. Sobh Nath & Ors. , they have been taken up and heard together and judgment shall be placed on the record of Criminal Appeal No. 1237 of 1998, Sobh Nath & Ors. v. State of U. P. , which is leading one.
(2.) BY the impugned judgment dated 2nd of July, 1998 passed in Sessions Trial No. 128 of 1989 accused Sobh Nath, Siddh Nath and Asheshar Nath convicted under Section 147 IPC and Section 302 read with 149 IPC were sentenced to rigorous imprisonment for a period of six months and imprisonment for life respectively thereunder and accused Lalita and Girish convicted under Section 148 IPC and Section 302 read with Section 149 IPC were sentenced to rigorous imprisonment for one year and imprisonment for life respectively thereunder. All the five accused abovenamed were also convicted under Sections 323, 324 and 325 each read with Section 149 IPC and sentenced to rigorous imprisonment for three months, one year and two years respectively thereunder. Accused Harish Chandra, Lallu @ Rama Shankar and Roop Narain @ Devendra were acquitted of the charge levelled against them. Since accused appellant Siddh Nath was reported having died appeal filed on his behalf stood abated vide order dated 12-9-2005. Brief facts giving rise to these appeals are that Sobh Nath, Siddh Nath and Asheshar Nath were real brothers residing at village Digghi, police station Harpur Budhat, District Gorakhpur. Lalita Prasad, Dhruv Chand and Roop Narain are the sons of Sobh Nath and Lallu, Rama Shankar and Devendra that of Siddh Nath. Girish and Harish Chandra are sons of Asheshar Nath. Ram Narain, Suraj Narain and Shiv Poojan were real brothers. Ghan Shyan, Kaushal, Radhey Shyam and Satish were sons of Shiv Poojan and Shravan Kumar is the son of Ram Narain. At the relevant time Satish, cousin of Shravan Kumar was studying in 10th class in High School Rampur Akhara. Dhruv Chand, son of Sobh Nath was also studying in 10th class in Janta High School Khajani. On 16th of November, 1987 some quarrel took place between Satish Kumar on one hand and Dhruv on the other while they were going to the school. Satish complained regarding the said dispute to his elder brother and thereon that very noon Lalita went to the house of Shravan Kumar and started hurling abuses. He also threatened that wherever he would see Satish he would kill him. In the evening of 16th of November, 1987 Shravan Kumar and his family members were ploughing their field situate in the north of abadi at village Diggha. At about 5. 00 p. m. Sobh Nath, Siddh Nath, Lalta, Roop Narain, Girish, Harish Chandra and Lallu having lathis and shovels were also ploughing their fields situate nearby at village Diggha. At about 5. 00 p. m. as Satish was returning back to his home from the school and reached there, sighting him Lalita shouted that he had come back and should be killed and then all the persons abovenamed pounced upon him and started giving him blows with lathis. Immediately Shiv Poojan and his sons Ghan Shyam and Kaushal rushed for rescue of Satish and then the miscreants also gave blows to them with their respective weapons. Sobh Nath was about to decapitate Satish but in the meanwhile Narvada, Ram Pyarey, Lal Chand and Jai Prakash Pandey rushed to the scene of occurrence and sighting them the miscreants fled away. Then Shravan Kumar with the help of others taking all the four injured rushed to the District Hospital Gorakhpur in a jeep. All the four injured were medically examined there. Since condition of Satish and Shiv Poojan was quite critical they were admitted in the Hospital. Then Shravan Kumar scribed report of the incident and went to police station Sikriganj situate at a distance of some 15 kms from village Diggha and handed over written report of the occurrence to the police there at 2. 45 a. m. the same night. The police registered a crime against the accused under Sections 147, 148, 149, 323, 307 and 504 IPC. Investigation of the crime was entrusted to SI Gaya Prasad Singh who rushed to the scene of occurrence.
(3.) INJURED Shiv Poojan was medically examined by Dr. M. K. Saxena who was on emergency duty in the Hospital at 8. 00 p. m. His medical examination revealed below noted injuries on his person: (1) Lacerated wound 4 cm x 1/2 cm x scalp deep on right side of head 8 cm above right ear vertical to nose. (2) Lacerated wound 5 cm x 1/4 cm x scalp deep 2 cm in front to injury No. 1 placed horizontally. (3) Lacerated wound 1. 5 cm. x 1/3 cm x scalp deep on right lateral side of forehead upper part placed horizontally. (4) Contused traumatic swelling 10 cm x 8 cm x on right side of face middle and interior part, kept under observation. (5) Contused traumatic swelling 2 cm x 1 cm on the base of nose medial part, kept under observation. The doctor opined that all the injuries were caused by some blunt object and fresh in duration. Condition of the injured was low and pulse feeble and he was unconscious. Advised X-ray of skull. Injured Satish was medically examined by the doctor at 8. 15 p. m. the same evening. His medical examination revealed below noted injuries on his person : (1) Lacerated wound 4 cm x 1/2 cm x bone deep on left side of head about 4 cm above the left ear. (2) Lacerated wound 3-1/2 cm x 1/2 cm x scalp deep on head about 4-1/2 cm above the left eye brow medial end. (3) Incised wound 2-1/2 cm x 1/2 cm x scalp deep on left side of head about 7-1/2 cm above the left eye brow. (4) Lacerated wound 1/2 cm x 1/4 cm x skin deep on left eyelid upper. (5) Lacerated wound 5 cm x 1/2 cm x scalp deep on right side of Occipital region 11 cm above the right ear. (6) Lacerated wound 5-1/2 cm x 1/3 cm x scalp deep on head about 14 cm above the right ear. (7) Lacerated wound 2 cm x 1/2 cm x skin deep above left angle of mouth. The doctor opined that all the injuries except injury No. 3 were caused by some blunt object and injury No. 3 by some sharp weapon and all were fresh. General condition of the injured was very low. Advised X-ray of skull.;