N.S.Gupta, J. - (1.) ACCUSED appellant Shiv Sagar Singh and his three sons, namely, Jagram, Devi Deen and Om Prakash and their associates, namely, Bhawuwa and Chunkauna who were convicted by Sri Brahma Nand, the then IInd Addl. Sessions Judge, Banda vide his judgment and order dated 7.4.1980 under Section 148/324/149, I.P.C. and were sentenced to undergo R I. for a period of two years each under Section 148 and two years R. I. under Section 324/149, I.P.C. have come up in appeal before this court.
(2.) THE prosecution claimed that there was some dispute in between the parties on the point of some Rasta land, over which the accused appellants had put some Jhar and it was removed by injured Shiv Mangal Singh and his family members. On 5.9.1976, at about 1.30 p.m., all the accused appellants had formed an unlawful assembly in village Piparahari, P. S. Pailani, District Banda. THE accused Shiv Sagar Singh was armed with Barchhi and sword. Jagram was armed with a gun, Devi Deen was armed with a gun, Om Prakash was armed with a country made pistol, Bhawuwa Singh was armed with a Barchhi and country- made pistol and Chunkauna was also armed with a gun. All these accused appellants went to the shop of the injured Shiv Mangal Singh. THEy removed the Jhar from the Rasta land and when the injured and his family members asked the accused appellants to refrain from removing the said obstruction, the accused Jagram on the exhortation of Shiv Sagar Singh opened fire by means of his gun and caused the following injuries to Shiv Mangal Singh: 1. Multiple gunshot wounds of entry .2 cm to 5 cm. x 2 cm. to .5 cm. x skin to muscle deep left leg lower part postlateral aspect in the area of 19 cm. x 5 cm. margins lacerated and inverted. 2 Lacerated wound 27 cm. x 4 cm. x skin deep left leg lower part out lateral aspect 5 cm. above and in front lateral maleolus. 3 Gunshot wound of exit .5 cm. x .5 cm. x muscle front of lower 1/3 of left leg 6 cm. above the ankle. Margins everted and lacerated. 4 Gunshot wound of exit .2 cm. x .2 cm. x muscle 2 cm. above injury No. 3. After needful trial into the matter, the learned Sessions Judge convicted and sentenced the accused appellants as aforesaid ; hence this appeal. I have heard Sri G. P. Dixit, learned counsel for the appellants and Sri V. B. Singh, learned A. G. A. considered their contentions and gone through the facts and circumstances of the case. It was argued by the learned counsel for the accused appellants that compromise has since been arrived at in between the injured Shiv Mangal Singh and the accused appellants, it was, therefore, urged before this court that permission to compound the offence punishable under Section 324, I.P.C. be granted. The learned counsel for the accused appellants argued that so far as the offence punishable under Section 148, I.P.C. is concerned, the accused appellants be let off on the basis of the period already undergone. It is not borne out from the record of the case available before this court as to for how many days or months the accused appellants have remained in jail during the course of enquiry and trial. I propose to examine the case in the light of the evidence and the fact that the injured and the accused appellants have since arrived at compromise.
(3.) FOUR witnesses of fact, namely, Shiv Karan Singh P.W. 1, Shiv Mangal Singh P.W. 2, injured, Sheo Balak P.W. 3 and Shiv Adhar P.W. 5 were examined before the trial Court, who all stated that all the six accused appellants had formed an unlawful assembly on the date, time and place of the occurrence and that they were armed with deadly weapons as noted above and in prosecution of the common object of the said unlawful assembly, accused appellant Jag Ram had opened fire on Shiv Mangal Singh and had caused injuries in question. It has come in the evidence of Shiv Karan Singh P.W. 1 and Sheo Balak P.W. 3 that there was some dispute between the parties on the Rasta land, which was closed by the accused appellants by putting Jhar. The injured and the members of his family had removed the said Jhar. The said land belongs to Gaon Sabha. The house of the injured lay near the said land. It is also clear from the statement of Shiv Karan Singh P.W. 1 that the accused Jagram, Devi Deen and Om Prakash are sons of accused Shiv Sagar Singh and accused Bhawuwa and Chunkauna are close associates of Shiv Sagar Singh. It would thus be seen that the complainant had roped in all the family members and the close associates of Shiv Sagar Singh in the present case. According to the statements of witnesses of fact, all the accused appellants were armed with deadly weapons, yet they had spared the injured Shiv Mangal Singh by causing only one gunshot injury and a lacerated wound which too was on the left leg of the injured and was not on vital part of the body. The said injury was obviously a simple one. The role of causing the said Injury has been assigned to the accused appellant Jagram. Since the accused appellant Jagram was responsible for causing the injuries in question by means of a gun, I am of the opinion that the accused appellant Jagram deserves no leniency.;