- (1.) The Applicants Bhagwan Singh, Sardar Singh, Kishan Singh and Babu Singh, a long with one Nihal Singh, were charged Under Sections 148, 324, 325 and 326 I.P.C. read with Section 149 I.P.C. for forming an unlawful assembly with the common object of beating. Har Narain with deadly weapons and in prosecution of the aforesaid common object they caused grievous and simple injuries to him by lathis, pharsa and spear on the 22nd June, 1952 at 8 a.m. in village Digrauta, Police Station Khera Garha, in the district of Agra. Nihal Singh was given the benefit of doubt and acquitted as the charges were not proved against him. Sardar was convicted Under Section 326 I.P.C. and was sentenced to 18 month's igorous imprisonment and a fine of Rs. 250. Bhagwan Singh was convicted Under Section 324 I.P.C. and was sentenced to 9 month's rigorous imprisonment and a fine of Rs. 200 and in default of payment of fine to 3 Month's further rigorous imprisonment. Babu and Kishan Singh were convicted Under Section 323 I.P.C. and they were each sentenced to a fine of Rs. 250 and in default of payment of fine to 3 month's rigorous imprisonment. They were all acquitted of the charges Under Sections 148 and 149 I.P.C.
(2.) The prosecution case was that on the 22nd June 1952 at about 8 a.m. in the morning Har Narain, who is a resident of village Digrauta, was going to Kagarol Seed Store for the payment of the price of seed which he had purchased from the said Seed Store; that when he reached near dhobi's gali he was surrounded by the applicants who were armed with pharsas, spears and lathis and they all started beating him. It was alleged that there was enmity between the complainant Har Narain and the accused Sardar because the latter's cattle had damaged the former's crop during the previous cold season and the other accused belonged to the party of Sardar. The first information report was made by Har Narain only against the accused Bhagwan Singh, Kishan Singh, Babu Singh and Sardar Singh. He subsequently filed a complaint implicating Nihal Singh also. After the necessary investigation the four accused against whom the report had been made by Har Narain were sent up for trial. Nihal Singh was also tried on the basis of the complaint which had been filed against him.
(3.) The accused denied that they had beaten the complainant Har Narain and stated that they had been falsely implicated on account of enmity.;