- (1.) J. C. Mishra, J. This appeal has been filed by accused Vijai Singh, Shobha Ram, Nihal Singh, Shcodan and Baboo against their conviction recorded by Ist Additional Sessions Judge, Mathura by order dated 20-12-79 and sentence for various terms under Sections 307/149, 325/149. 323/149 and 147/148.
(2.) THE prosecution case as disclosed in the First Information Report lodged by Devi Ram on 3-1-77 at 10- 50 a. m. al P. S. Kosi Kalan, district Malhura is that there was land Dispute between the informant Devi Ram and accused-appellants Sheodan, Nihal Singh and accused Niranjan Singh (acquitted) with respect to a plot at the site of old house. THE informant with a view to get the matter settled approached a panchayat of 32 villages of the locality popularly known as "sri Tonta Baba Samaj Sudhar Samiti". In view of the re quest the panchayat was convened at the house of accused Niranjan Singh in vil lage Elbara on 2nd January, 1977 at about 4. 00 p. m. THE panches tried to resolve the matter with mutual cement but the ac cused Niranjan Singh refused to accept the decision of the panchayat and instead abused them. He set his thatch on fire and formed an unlawful assembly and attacked panches. THE accused Vijay Singh, Sher Singh, Niranjan Singh and Nihal Singh were armed with ballaras whereas Bhajan Lal, Shobha Ram, Leela, Badan Singh, Om Prakash, Nawab, Mi. id. an Singh, Tej Singh, Basudeo and Charan Singh were carrying lathis. Accused Sheodan and Ba boo were armed with guns. THEy fired at the panches but luckily none was hurt. THE panchayat was disturbed and the partici pants started running hither and thither. THE other accused started assaulting Kushal Singh, Bishambhar, Balbir, Rajpal, Ntirpat, Kalyan, Bhudeo, Kanchan Singh and informant Devi Ram with lathis and ballam and caused them serious injuries. As a result of assault Bishambhar sus tained a fracture. THE incident among oth ers were witnessed by Ajay Singh. Shudhan Singh son of Chiranjee Pradhan, Lekha, Barkha, Dulichand, Balvant, Joginder Singh, Sri Ram Saran intervened and saved the victims. On the following day the informant along with the other injured went to the police station Kosi Kalan and lodged re port at 10. 50 a. m. After registration of the case the injured were sent to the Govern ment Hospital where they were medically examined by Dr. T. M. Goyal. The injuries found on their bodies have been described in the judgment and need no repetition. The radiological examination of Nirpat. Bani Singh, Vidya Ram. Rajpal, Bishamb har and Balbir disclosed presence of frac tures. The investigation was conducted by S. I. P. R. Sharma who visited the spot, pre pared site plan, interrogated the witnesses and observing the other formalities of in vestigation submitted charge-sheet.
(3.) THE case was committed to the ses sion. THE accused denied the charge. THE defence version is that the incident took place at 5. 30 p. m. on 2-1-97 and not al 4. 30 p. m. as alleged by the prosecution. Niranjan was sitting at his door, where Vidya Ram accompanied by 13 others, armed with lathis arrived and beat Niran jan with kicks and fists. Dariyao had a gun, Niranjan raised an alarm which at tracted Vijay Singh and Shobha Ram who rushed to the spot to rescue their uncle but they were beaten by the assailants with lathis and spears. Nihal Singh getting an opportunity went on the roof of his house. He and women inmates of the family threw bricks on the assailants. Vijay Singh and Shobha Ram wielded lathis in self defence. It is alleged that Dariyao fired a shot at Nihal Singh. The accused Vijai Singh and Shobha Ram went to the hospital and got them examined by Dr. R. P. Pachhu.;