- (1.) Challenge in this appeal is to the judgment and order dated 12.05.1982 passed by XIIth Additional Sessions Judge, Agra, in Sessions Trial No. 166 of 1980 (State vs Prem Singh and others), arising out of Case Crime No. 27 of 1979, under Sections 304/34, 323/34 I.P.C., Police Station Kheragarh, District Agra, whereby the accused -appellant has been convicted and sentenced to five years' rigorous imprisonment under section 304 part II read with Section 34 I.P.C.; three months rigorous imprisonment under section 323 read with Section 34 I.P.C.
(2.) Filtering out the unnecessary details the prosecution case in brief is that the informant Ram Singh has lodged a report on 05.02.1979 at Police Station Kheragarh, District Agra stating that his nephew Mohar Singh was going to his college at 09:30 A.M. to pursue his studies. As soon as he reached near the field of Khubi, suddenly, Prem Singh assaulted him with the lathi who came out of the field of Khubi. When he raised alarm, Nek Ram reached the place of incident who was also assaulted by Prem Singh, Mangal Singh and Bhikam Singh by means of lathi. The informant Ram Singh and Mehtab Singh has raised alarm on which Viram Singh, Hakim and other villagers came on the spot who saved everybody. Nek Ram has sustained many injuries on his head who was taken to Agra District Hospital. Thereafter, the report was lodged.
(3.) On the basis of this report Head Constable Sonpal Singh PW -6 who scribed the chik report and proved it as Exhibit Ka -5. He further proved the copy of G.D. as Exhibit Ka -6. Investigation was conducted by PW -9 S.I. R.C. Singh, who inspected the spot, prepared the site plan which was proved as Exhibit Ka -7 and submitted charge sheet which was proved as Exhibit Ka -9. Dr. N. B. Saxena is PW -1, who has examined the injured Nek Ram on 05.02.1979 at 08:35 P.M. and found the following injuries on his body: - (i) Lacerated wound 3/4" X 2/10" X skull deep on the right collar bone inner end 1" away from the mid line. (ii) Contusion 2" X 1 1/2 " around the right eye. (iii) Contusion 2" X 1" on the left lower eye lid. (iv) Scabbed abrasion 1" X 1 1/2 " on the right side of the face 1" away from the nose. (v) Traumatic wound on the right side of the face and skull 8" X 6" extremely from the right temporal upto upper part of the right side neck. (vi) Scabbed abrasion 1/2 " X 1/10" at back of the right fore arm upper part. ;