- (1.) This Criminal Appeal has been preferred by the appellants against the impugned judgment and order dated 20.3.1982 passed by the VII Additional Sessions Judge, Azamgarh, in S.T. No. 362 of 1978, State Vs. Ram Murat and others, whereby the accused-appellants Ram Murat, Hari Shanker and Sheo Murat have been convicted and sentenced to undergo six months' R.I. for the offence under section 323 I.P.C., and two and half years' R.I. for the offence u/s 307/34 I.P.C. and the accused-appellant Jagarnath has been convicted and sentenced to undergo six months' R.I. for the offence under section 323/34 I.P.C., and three years' R.I. for the offence u/s 307 I.P.C. Both the sentences were ordered to run concurrently.
(2.) Briefly described, some background facts of this case are that on 3.11.1974 at about 9.00 A.M. when the complainant Mangla Pathak and his son Shree Niwas were present in their field and their ploughman Kirtu Ram was ploughing the field, the accused-appellants Jagarnath Tiwari, Ram Murat, Sheo Murat and Hari Shanker reached there. The accused Jagarnath Tiwari was armed with spear (ballam) and co-accused Ram Murat, Sheo Murat and Hari Shanker were armed with lathi. Accused Jagarnath Tiwari asked the complainants as to why they were encroaching upon his field. Thereupon some altercation and exchange of hot words took place between them. The accused Jagarnath exhorted the rest of the accused persons with the words "" and uttering these words he gave a spear blow on the neck of Shree Niwas (the son of complainant) causing injury on the lower side of neck. Hearing alarm Bechan, Kashinath, Mangaroo Ram, Aparwal Rai and several other villagers reached at the scene of occurrence and saw the accused persons running away from the spot. The complainant after arranging conveyance went to the police station and lodged the first information report. The police sent both the injured for medical examination. Both the injured were medically examined on the same day at 7.30 P.M. The doctor found the following injuries on the body of the injured Shree Niwas: 1. Incised wound 3/4" x 1/12" x1/2" at the root of the neck and in front of the neck just above manubrium sterni. 2. Complaint of pain in both buttocks and lower part of the back but no mark of injury. 3. Complaint of pain in the right thigh and legs but no mark of ext. injury. 4. Complaint of pain in left thigh and left leg but no mark of ext injury. Injury no. 1 was caused by sharp object. Injuries were fresh. The following injuries were found by the doctor on the body of Mangla Pathak: 1. Lacerated wound 1/4" x 1/4" on the scalp on anterior part of middle part. 2. Abrasion 1/2" x 1" on the front medial lower part of the left forearm. 3. Contusion 1" x 1/2" on the right shoulder.
(3.) All the injuries were simple caused by blunt object. Duration fresh.;