T.P.GARG, J. - (1.) MAN Singh, Ram Prakash Singh and Ram Asrey sons of Sheo Raj Singh have filed this revision against the order daied 1-6-1983 passed in Criminal Appeal No. 13 of 1983 IV Additional Ses­sions Judge, Banda, whereby their appeal was dismissed and their conviction under Section 307/34 IPC and sentence to undergo RI for fouryears, and also to pay a fine of Rs. 500/- each under Section 307/34, IPC and conviction and sentence of one year RI. of Ram Asrey under Section 323 IPC passed by Asstt. Session, Judge, Banda in Sessions Trial No. 255 of 1980 was maintained.
(2.) BRIEF facts giving rise to the present revision are as under: The case against the accused-ap­plicants under Section 307/323/34, IPC was committed to the court of Sessions for trial by the Judicial Magistrate vide his order dated 1 -8-80. The case against the accused is that they are real brothers and are Thakur by caste. Dhanpat, complainant also belongs to the same village and is BanIya by caste. The house of the applicants-accused is situated at a little distance from that of the complainant. On 1-11-1979, at about 8 AM, Dhanpat complainant made a report Ext. Ka 3 to the police station 4e the effect that about 20 days before that date, Chedi Lal had purchased an old house from one Sadhu Singh about which Thakur Man Singh had said that he would take forcible possession of that house; that a Panchayat was to be held about that dispute on that date. How­ever, in the morning, Man Singh, Ram Prakash Singh and Ram Asrey, sons of Sheo Raj Singh started demolishing the said house withphawara. Chedi Lal told Dhan­pat, complainant about this matter on which the complainant and Chedi Lal both asked the accused to desist from doing so. On this Man Singh, accused asked his brother, Ram Prakash Singh to bring his gun and kill them. Thereafter, Ram Prakash went inside the house and brought his gun and fired a shot at the complainant, The pellets of the gun shot hit the complainant on both of his thigiis and lower part of his body. Man Singh and Ram Asrey, started be labouring the complainant with Lathies. Chedi Lal ran towards Ram Prakash Singh and snatched his gun from him. But Ram Asrey, accused given Lathi blow to Chedi Lal on his head, but he (Chedi Lal) success­fully ran away with his gun and same was kept with one Ram Avtar Thvari. Alarm raised by them attracted Bhola Singh Thakur of the same village and Chedi Lal son of Gaya Deen, who nished to the spot and witnessed the occurrence and inter,-vened. It was about 8.30 A.M. when this occurrence took place. It is alleged that had Chedi Lal not snatched the gun from Ram Prakash Singh, they would have been done to death. On the aforesaid report, Ext. Ka. 3, a case vide First Information Report Ext. Ka. 7 was registered on the same day. Dhanpat and Chedi Lal were medically examined vide injury reports Ext Ka 1 and Ex. Ka 2 respec­tively, vide medical report Ext. Ka. 1 as many as 11 injuries were found on the per­son of Dhanpat and vide report Ex. Ka. 2, one injury was found on the person of Chedi Lal. The injuries No. 1 to 5 and 11 on the person of Dhanpat have been found to be caused by the blunt weapon and injuries Nos. 6 to 10 were found to have been caused by the fire-arm. On the person of Chedi Lal the only injury found was stated to have been caused by blunt weapon.
(3.) DR . Umesh Chandra Dwidedi P.W. 1 medically examined the injured P.Ws. According to him, the fire arm injuries on the person of Dhanpat could have been caused by a single shot at about 8.30 A.M. on 1-11-79. He has further stated that the injuries on the person of Dhanpat were sufficient to cause his death. Further that had he not been given medical aid, the injuries on his person could have proved fatal. On the per­son of Chedi Lal, he found one simple in­jury, caused by blunt weapon. In his cross-examination, he has stated that on 2-11-1979, he examined Ram Prakash Singh ac­cused and found five injuries on his person, which all were simple, caused by blunt weapon vide his report Ext. Kha 1. He also medically examined Man Singh and found three injuries on his person, which were all simple injuries caused by blunt weapon vide his report Ext. Kha 2. The case was inves­tigated by the Sub-Inspector Meetan Ram, who inspected the place of occurrence and prepared a site plan Ext. Ka. 4, and after completion of the investigation, filed a charge sheet Ext. 6. He also took into pos­session the licensed gun of 12 Bore, which was allegedly snatched away by Chedi Lal from the possession of Ram Prakash Singh vide memo Ext. Ka. 5. After completion of the investigation a charge sheet was filed against the accused.;