RAMESH SINHA,J. - (1.) The present criminal appeal has been preferred against the judgment and order dated 22.11.1982 passed by IInd Additional Sessions Judge, Gorakhpur in S.T. No.537 of 1981 convicting the appellants under Sections 302/34 I.P.C. and sentencing them to life imprisonment and further convicting them under Section 307/34 I.P.C. and sentencing them to 7 years R.I.
(2.) The facts which emerges out from the present case are that an FIR was lodged by by Smt. Sunari Devi on 9.6.1980 stating therein that at about 9 A.M. In the morning, she along with her husband, namely, Babu Lal and Jeth, namely, Sukh Lal was fishing at Kiraiya Nala. Shyam Deo and Bhajan Lal besides herself were sitting there to look after the collected fish, when the accused Rudal Singh son of Dashrath Singh, Ranjit Singh son of Rudal Singh, Pirthviraj Singh son of Rudal Singh, Prahlad Singh son of Rudal Singh, Dhruv Singh son of Rudal Singh, Sri Narain Singh son of Lallan Singh, Sharwan Singh son of Sri Narain Singh, Narsingh son of Param Singh, all resident of Village Patka, Police Station - Sahjanwa, District Gorakhpur armed with lathis had arrived at the place of occurrence and all of them tried to take away all the fishes from her husband and her Jeth and further stated that if the same was not given to them they should be done to death, on which all the accused persons forcibly started taking away the fish and on a protest and resistance being made by her husband and Jeth, all the accused persons started assaulting them with lathis on which they had fallen down. On account of the fear of the accused persons, Shyam Deo and Bhajan and she herself could not made any resistance or say anything and the accused after committing the crime in question had fled away from the place of occurrence. On a alarm being raised, many persons of the village had arrived there and they took her husband and Jeth in an injured condition to the District Hospital, Gorakhpur who were also in an unconscious condition. Thereafter the FIR of the incident was lodged by the PW1 - Smt. Sunari Devi , wife of Babu Lal at the Police Station - Sahjanwa, District Gorakhpur at 2 P.M. which was at a distance of 6 miles from the place of occurrence on the same day for the offence under Sections 147/307/ 323/506 I.P.C., which was marked as Ex. Ka. -7 and the said FIR was also endorsed in the General Diary by the Head Moharrir, namely, Ram Chandra Pandey of the concerned police station.
(3.) The injured, namely, Sukh Lal was examined at District Hospital, Gorakhpur by Dr. S.J.Singh on 9.6.1980 at 12.55 P.M. and his injuries was proved as Ex. Ka. -3.;