- (1.) Challenge in this appeal is to the judgment and order dated 20.08.1996, passed by Vth Additional Sessions Judge, Faizabad, in Sessions Trial No. 291 of 1991 (State vs. Bansh Raj and others), under Sections 147, 304/149 and 323 I.P.C., Police Station Pura Kalandar, District Faizabad, whereby the appellants Ram Saware, Heera Lal, Jhurai, Nathu, Raja Ram and Raj Karan were acquitted for the charges under Sections 147, 304/149 and 323 I.P.C., whereas appellants Bansh Raj, Brij Lal, Jag Mohan, Hirdai Ram and Ram Nihor were acquitted for the charge under Section 323 I.P.C. but further each of the appellants were convicted and sentenced to 1 year rigorous imprisonment under Section 147 I.P.C. and 7 years rigorous imprisonment along with fine of Rs. 2000/- under Section 304(2)/149 I.P.C. with default stipulation.
(2.) Filtering out unnecessary details, the prosecution case in brief is that on 20.05.1987, a first information report was lodged by the informant Hari Prasad, the brother of the deceased stating that he has a grove towards west of the village being grove no. 667 669, the lease of which was given to Ram Saware. There was various litigations between the family of the informant and Ram Saware due to the above mentioned property, both the parties were inimical towards each other. Proceedings under Section 107/16 were also pending between the parties. On 20.05.1987 at 10:00 A.M., the son of the informant namely Ram Shankar went with the buffaloes to the field to enable the buffaloes to graze in the grove. Bansh Raj Son of Ram Saware went to the spot and abused the son of the informant and hit him with a stick. At this the son of the informant raised hue and cry. Bansh Raj also raised hue and cry at which Ram Saware, Jag Mohan, Heera Lal, Jhurai, Nathu, Hirdai, Ram Nihore, Brij Lal, Ram Karan, Balbhadra, Ram Nath armed with lathi, danda reached the grove. On seeing the accused persons, the son of the informant ran towards his house. Shiv Prasad Patel, Shatrughan, Devi Prasad of the family of the informant coupled with Shiv Bahadur also reached the spot. All the accused persons assaulted the family members of the informant who all sustained injuries. The informant did not intervene due to fear. Shiv Prasad sustained injuries on his head and became unconscious. Some people on the side of the accused also sustained injuries which were caused by the family members and companions of the informant in self-defence, hence, the first information report was lodged.
(3.) On the basis of the written report, chik report was scribed by Constable Babu Ram who copied the details in the G.D. The Chik report and the G.D. were proved by PW-5 S.I. Hemraj as Exhibits Ka-7 and Ka-8. Investigation was conducted by PW-5 S.I. Hemraj. On that date i.e. 20.05.1987, the investigation of Case Crime No. 124A of 1987 under Sections 147, 323, 308 I.P.C. was entrusted to him. He recorded the statement of Hari Prasad and inspected the spot, prepared the site plan which was proved by this witness as Exhibit Ka-3. He collected blood stained and ordinary earth from the spot and prepared its memo which was proved by this witness as Exhibit Ka-4. He also took into possession the blood stained clothes of Shiv Bahadur and Devi Prasad and prepared its memo which was proved by this witness as Exhibit Ka-5. On 20.05.1987, he recorded the statements of Devi Prasad, Shatrughan and Shiv Bahadur. On 21.05.1987, he recorded the statements of Ram Shankar and injury report was received. After investigation, he submitted charge sheet against the accused persons which was proved by this witness as Exhibit Ka-6. PW-6 is Dr. R. P. Pandey who examined Shiv Prasad Pandey and found the following injuries on his body:- 1. Lacerated wound with blood clot 3 cm. X 1 cm. X 1 cm. X bone deep. 7 cm. above the left ear, X-ray was advised. 2. Lacerated wound with blood clot ½ cm. X 0.3 cm. X 0.3 cm. on the outer aspect of left thumb. 3. Lacerated wound with blood clot 4 cm. X 1 cm. X bone deep on the head. 7 cm. above the right ear, X-ray was advised.;