S.I.Jafri, J. - (1.) PHIRAY, Birmi and Tejpal sons of Ratan Lal have filed this appeal against their conviction and sentences recorded by Sri P. C. Agarwal, VII Additional Sessions Judge, Bulandshahr by his judgment and order dated 22-1- 1979. All the appellants were convicted under Section 325/34 and 323/34 IPC and were sentenced to undergo R. I. for 5 years and 6 months respectively by the trial court.
(2.) ALONG with the appellants, their uncle Ram Swarup was also charge- sheeted but he died before the commencement of the trial. The case of the prosecution is that on 4-5-1978 at about 5 P. M. she- buffalo of Phiray appellant was grazing in the field of Mangoo deceased, whereupon he drove the cattle from his field and gave a Danda blow to the she-buffalo and in the meantime Phiray appellant reached there and said to him "Bhains ke danda kyoon mara tujhey aj duniya se kho dunga". Phiray, thereafter, ran after Mangoo to assault him and started beating him with lathies, whereupon the witnesses Rajpal PW 1, Sheo Singh PW 2, Mawasi PW 3 and Sheo Kumar PW 4 reached the scene of occurrence and on the intervention by Rajpal PW 1 he was also assaulted by Phiray appellant. Birmi and Tejpal along with Ram Swarup had also reached there during the assault and they had also joined with Phiray appellant in assaulting the deceased Mangoo and Rajpal. The accused after assaulting the deceased and Rajpal PW 1 made good their escape from the scene of occurrence. Mangoo succummbed to his injuries on the spot. He was taken by Rajpal PW 1, Mawasi PW 3 and Sheo Kumar PW 4 to his house in the village on a bullock cart. Rajpal did not go to the Police Station during the night on account of the fear from the side of the appellants. Next day Rajpal went to the Police Station Jewat and he handed over his written report Ext. Ka-1 to the Head Constable who after preparing a chik report at 1.30 P. M. had registered a case against the appellants and Ram Swarup. Rajpal informant was examined at P. S. Jewar by the Medical Officer in charge at 4.30 P. M. on 5-5- 1978. The injuries found on his persons are noted below :- 1. Traumatice swelling 5"x 4" on and upper arm and right forearm arising from 2" above the right elbow joint to 3" below the right elbow joint. Advised X-ray. 2. Abraded contusion 2"x 1" on lat. aspect of right upper arm in upper 1/3 part. 3. Contusion 1"x 1" on ant. aspect of right thigh in middle. The investigation of the case was; taken up by Parmanand PW 5 who reached the place of occurrence and recorded the statement of the witnesses and also prepared the inquest on the dead body of Mangoo deceased. He had sent the dead body of the deceased to the mortuary for Post Mortem examination, through constables Om Prakash and Krishnapal Dr. Aleem Ahmad PW 7 conducted the autopsy on the dead body of the deceased at 1.30 P. M. on 6-5-1978 and he had found the following injuries on his person: 1. Contusion 5"x 2" on left side head 3" above left ear. 2. Contusion 3"x 1" on back of head. 3. Contusion 2"x 1-1/2" on right side of head 3" above right ear. 4. Contusion 10"x 3-1/2" on right top and back.
(3.) CONTUSION 6"x 2-1/2" on left side of shoulder top and back. 5. On internal examination the left temporal bone of the deceased was fractured. The membranes in the brain on the left side was also found lacerated. According to the opinion of the doctor the death of the deceased was caused due to shock and deep coma due to antemortem. injuries. The accused pleaded not guilty to the charge and stated that they have been falsely implicated on account of enmity.;