- (1.) R. N. Ray, J. Against the judgment and order of sentence passed in S. T. No. 189/79, Krishna Pal Singh preferred criminal revision and according to revisionist the sentence awarded was dis proportionate for the offences committed by the accused persons and as such he has prayed for enhancement of the sentence so the revision application is also being taken up for due consideration along with this criminal appeal No. 2883 of 1980.
(2.) ALL the accused convicts have preferred this appeal against the judgment and order of sentence dated 10-12-80 passed by Sri G. D. Dubey, learned I Additional District & Sessions Judge, Jaunpur which. . . . . . . from crime No. 138 dated 10-12-78 of P. S. Badlapur, district Jaunpur. Originally the case stated as per the F. I. R. under Sec tions 147,148,323 and 304 Part II. Later on I Additional. Sessions Judge, Jaunpur, Sri G. D. Dubey framed the charges under Sec tion 147, 323 and 149,i. P. C. against all the accused persons and against Keshav Prasad under Sections 302 and 149, I. P. C. and against his father Katak Bahadur Singh under Section 302 and 149 I. P. C. and the remaining accused persons were also charged under Sections 147, 323, 302, 149 I. P. C. All the accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution story in brief is that a "marpit" had taken place at about 5 p. m. on 9-1z-78 with Keshav Prasad Singh and others. The F. I. R. was lodged and investiga tion was pending. Four witnesses, namely, Noor Mohammad, Anantoo, Musaphir and Shobhnath, had filed their affidavits on 9-1-79 in favour of the accused persons. It has been alleged that on 14-1-79 at about 11 a. m. all the accused persons came armed with lathi and ballam and surrounded the house of Sarjoo Singh situated in village Savansa, P. S. Badlapur, District Jaunpur. They started throwing brick bats on that house. Awadh Narain Singh, brother of Sar joo Singh, came out of the house and asked as to why they were behaving in that man ner, then the accused persons started abus ing and said that Sarjoo Singh was a witness in the case started by Sri Jai Prakash Singh but he should not give his evidence but Awadh Narain Singh refused that proposal. The witnesses, Satya Deo, Man Bahadur Singh, Raj Bahadur Singh, Raj Kishore Singh had arrived at the spot. Keshav Prasad Singh gave a lathi blow on the head of Awadh Narain Singh and consequently he received injury on his left eye, he had also received injury on the right eye. Awadh Narain Singh had received some injuries of brick bats. When Awadh Narain Singh's son Krishna Pal Singh wanted to save his father, he was also given lathi blow by Jagnarain and others and thereafter the accused per sons ran away.
(3.) P. W. 1 Sarjoo Singh wrote a report which was marked as Ext-ka-5. Awadh Narain was taken on a cot to Maharajganj and thereafter Awadh Narain and Krishna Pal Singh were taken to the police Station, they reached there at 3 p. m. Sri Jagdish Mishra constable Moharrir prepared a chik report which was marked as Ext-ka-9 and a case was registered under Sections 147,148, 323, 326 and 325, I. P. C. and an entry was made in the G. D. which was marked as Fjrt-ka-10. Sri Rajendra Singh Chauhan took the investigation in his hand after the registration of the case in the G. D. and the injured persons were sent to P. H. C. Badlapur and the Investigating Officer did not take any further step on that date.;