B. N. Katju, J. - (1.) SRI Krishna, Sidh Gopal, Manni Lal and Roop Narain have filed this appeal against the judgment of Sessions Judge, Fatehpur dated 24-11-1981 passed in connected session trials Nos.517 of 1980 and 192 of 1981. All the appellants have been convicted under section 302/34 IPC and Section 24 of the Cattle Trespass Act and have been sentenced to life imprisonment and four months rigorous imprisonment respectively. SRI Krishna and Manni Lal appellants have further been convicted under section 427 IPC and have been sentenced to one year's rigorous imprisonment. Manni Lal and Roop Narain appellants have further been convicted under section 323/34 IPC and have been sentenced to one year's rigorous imprisonment. All the sentences were ordered to run concurrently.
(2.) SIDH Gopal and Roop Narain appellants are the sons of Sri Krishna appellant, Manni Lal appellant is their khandani. The case of the prosecution is that on 30-5-1980 at about 8 A. M. while Sheo Ram Prasad deceased was going to ease himself and his son Jugal Kishore PW 1 was going to watch his sugarcane field in village Prasad Tara hamlet of Jokara and had reached near their sugarcane field they saw eight or ten cattle of Manni Lal and Sri Krishna appellants grazing their sugarcane and Chari crop. They drove the cattle from their field and decided to take them to the cattle pound at Muttaur as they had caused a loss of about Rs. 500/- to them. When they were proceeding towards their house to take the younger brother of Jugal Kishore PW 1 and leave Sheo Ram Prasad deceased there and also take lathis with them and had reached near the field of Udai Narain, Sri Krishna and Sidh Gopal appellants armed with axes and Manni Lal and Roop Narain appellants armed with lathis came there and told them to release the cattle. When Sheo Ram Prasad deceased replied that he would not release their cattle as they had caused considerable damage to him and would take them to the cattle pound Manni Lal and Roop Narain appellants assaulted Sheo Ram Prasad deceased with lathis as a result of which he received injuries and fell down. When Jugul Kishore PW 1 tried to save the deceased he was also assaulted by them, with lathis. Sri Krishna and Sidh Gopal appellants in the meantime assaulted the deceased, who had fallen down, with axes. On the alarm raised by Jugul Kishore PW 1, Ram Kripal PW 3, Paras Ram PW 5, Sita Ram and others came there and the appellants thereafter took the cattle and went away. Sheo Ram Prasad deceased died while he was being taken to the police station soon after the incident.
(3.) THE first information report was lodged by Jugal Kishore PW 1 at Police Station Ghazipur at 11.30 A. M. on the same day 30-5-1980, the distance of the police station from the place of occurrence; being 12 Kms. The injuries of Jugul Kishore PW 1 were examined by Dr. U. P. S. Solanki PW 4 at 4 P. M. on 30-5-1980 and the under mentioned injuries were found on his person : 1. Lacerated wound 1/2" x 1/4" skin deep on left side of head 5" above the left ear, clotting present. 2. Contusiou 2-1/2" x 1" on left scapular rigion, reddish colour. 3. Abraded contusion 2" x 1/2" on left side of back 5" laterally to midline reddish colour. 4. Contusion 2" x 2" on middle [part of left hip reddish colour. 5. Contusion 2-1/2" x 1/2" on middle part of left leg back surface reddish colour. 6. Contusion 1-1/2" x 1" on back of left ankle joint, reddish colour.;