- (1.) Accused Appellant Brijendra and Rajveer were convicted under Ss. 148, 324/325/149 IPC and appellants Harish Shukla, Jagdish Kumar and Suraj were convicted under Ss. 147/324/325/149 IPC and were sentenced to undergo R. I. for one year under Sec. 148, one year under Sec. 324, three years under Sections 325/149 IPC and six months under Section 147 I.P.C. and one year under Section 324, three years under Secs. 325/149 IPC vide judgement and order dated 20-8-1983 by Sri Jagdish Singh, VIIIth Addl. Sessions Judge, Ghaziabad. They all have come up in appeal-before this Court.
(2.) The prosecution claimed that an 27-7-1982 at about 5-6 p.m. near Shiv Mandir, Muradnagar Estate P. S. Muradnagar, District Ghaziabad, appellants Brijendra and Rajvir duly armed with knife, appellant Jagdish armed with hockey, appellants Harish Shukla and Suraj armed with Lathi and Danda had formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they assaulted Dharam Pal by means of their respective weapons and had caused injuries to him.
(3.) Brahmapal PW 1, brother of the deceased came to know about this incident and he immediately came to the scene of occurrence and took his brother Dharampal to police station Muradnagar, where he lodged the report Ex Ka 1. Dharampal was thereafter taken to M. M. Hospital at Ghazibad, where he was medically examined by the Medical Officer on duty at 8.45 p.m. on 27-7-82, who found the following injuries on his person : 1. Abraded contusion 15 cm x 7 cm on the outer part of right upper arm, C swelling in area of 13 cm x 16 cm, 5 cm above the right elbow joint. K.U.O. Ad. Xray right upper arm. 2. I.W. 1 cm x 1/2 cm x muscle deep on the back of right upper arm 2 cm above the elbow joint Margins clean cut, bleeding present. 3. Abrasion 2 cm x 1 cm on the back of right forearm upper part 3 cm below the right elbow joint. 4.Contusion 3 cm x 3 cm back of right forearm middle part, Red in colour. 5.Contusion 3 cm x 4 cm on the back of wrist joint. 6.I.W. 5 cm x 1.5 cm muscle deep on the back of left forearm middle part. Margins clean cut, bleeding p0resent. 7.Contusion 3 cm x 4 cm on the left elbow joint (Back part). 8.Contused swelling 6 cm x 2 cm on the left side of cheek 3 cm away from the angle of mouth. Red in colour. 9.Lacerated wound 1.5 cm x 5 cm x bone deep on the front of the lower part of the left leg C swelling in an area 7 cm x 4 cm K.U.O. 10.Lacerated wound 2.5 cm x .5 cm muscle deep the front of middle part of the right K.U.O. 11.Contused swelling 13 cm x 12 cm on the front the right ankle joint. 12.Contusion 6 cm x 2 cm on the back of right chest 3 cm below the angle of right scapula 13.Abraded contusion 3 cm on the terminal and middle phalange of right hand middle of K.U.O. Dharampal was thereafter taken to Safdarjang Hospital where he died on 31-7-1982.;