- (1.) N. S. Gupta, J. Nine accused persons named above, who were convicted by Sri R. N. Rai, IInd Additional Sessions Judge, Ghazipur vide his judgment and order dated 2/th September, 1980 under Section 148/147/304/ 324 323/149, IPC and were sentenced to 9 months/6 months/3 years/, 1 1/2 years/4 months RI under various counts have come up in appeal before this Court.
(2.) THE prosecution story, briefly stated, is as under: Complainant Ram Awadh Pandey PW 1 is a resident of village Kabula, hamlet of village Nathupur, P, S. Sadat, District Ghazipur. The accused appellants, out of whom Ramdhani, Shambhu and Lachchi are real brothers, Rambali and Devi Saran are real brothers, and rest are their close associates, are all residents of village Nathupr P. S. , Sadat, District Ghazipur. Deceased Paras Nath Pandey was the real brother of the complainant Ram Awadh Pandey. Complainant Ram Awadh Pandey had fought a case with regard to plot of land with accused appellant Balli, Harijan, before the Consolidation Courts in which he was defeated. He, thereafter, filed a civil suit with regard to the said plot. The relations of the complainant party on one hand and the accused appellants on the other were strained. A day before the date of this occurrence viz 4-11-1974, at about 8 a. m. Smt. Sahdaiya wife of the accused appellant Budhai, was removing grass from the field of the complainant and causing damage to the paddy crop of the complainant. Complainant Ram Awadh Pandey PW 1 and deceased Paras Math Pandey objected to the removal of the grass by Smt. Sahdaiya and when she did not refrain from doing so, the complainant and Paras Nath Pandey slapped Smt. Sahdaiya. She went up weeping to her house. On the next day viz. 5-11- 1974, at about 5p. m. when the deceased Paras Nath Pandey was cutting fodder in his field situate in village Nathupur, the accused-appellants along with their associates Ram Dhari, Gajadhar and Ram Lal (who have since been acquitted by the trial Court) had formed an unlawful assembly and in prosecution of the said common object of the said unlawful assembly they assaulted Paras Nath Pandey by means of Ballams and Lathis. When the complainant Ram Awadh Pandey, his brother Shiv Dhani (PW 4) and Lalta (PW 5) went to reseue Paras Nath Pandey, the accused-appellant also assaulted them by means of their respective weapons, and caused injuries to them. The prosecution maintained that at the time of the incident, accused Ramdhani, Phool Chand and Ram Prasad were armed with Ballams and rest of the accused persons were armed with lathis. They assaulted the deceased Paras Nath Pandey, complainant Ram Awad Pandey, Shivdhari and Lalta by means of their respective weapon-Ballams and Lathis. As a result of the injuries caused by the accused-appellants by means of Lathis and Ballams the deceased Paras Nath fell down in the field of Ram Chandra Pandey and succumbed to his injuries. A written report Ex. Ka-1 scribed by Shivdhari Pandey on the dictation of Sri Ram Awadh Pandey PW 1 was lodged by Kailash Nath Pandey PW 2 at P. S. , Sadat, District Ghazipur on 6-11-1974, at 7 a. m. , that is, after about 14 hours of the occurrence, the police station being at a distance of about 6 miles from the place of incident.
(3.) THE investigation of the case was taken by Sri Jai Shankar Singh, PW 9, who was then working as Station Officer at P. S. , Sadat, District Ghazipur. He immediately recorded the statement of Kailash Nath Pandey and rushed the scene of occurrence reaching there at 9-05 a. m. THEre he inspected the dead body of the deceased and prepared inquest report Ex. Ka-9, and sent the dead body of the deceased for post-mortem examination. He thereafter recorded the statement of Shivdhani Pandey, Uma Shanker Pandey, and Satya Narain Pandey. THE Inspector Sri Jai Shanker Singh inspected the scene of occurrence and prepared the site plan Ex. Ka.-15. He recovered blood stained and simple earth from the scene of occurrence. He found the fodder in the field in which the incident had taken place. He also recovered a Hainsiya from the said field. He conducted search for the accused persons but they were not available. He recorded the statements of PW 2 Alakh Niranjan and Ram Karan Singh on 7-11-1974 and went to District Hospital where he recorded the statement of Ram Awadh Pandey and Lalta Pandey injured. After completing his investigation, the Inspector Jai Shanker Singh submitted charge-sheet against the accused-appellants. Autopsy of the dead body of the deceased Paras Nath Pandey was conducted by Dr. Om Prakash the then Surgeon of District Hospital Ghazipur on 7-11-1974 at 4 p. m. Dr. Om Prakash found the following ante-mortem injuries on the person of the deceased : (1) Lacerated wound 1 1/2" x 1/2" X on part of occipital region of head. (2) Incised wound 1 1/2" x 3/" cavity deep 3" left nipple (puncutred wound ). (3) Incised wound 2" x 3/4" x cavity deep 3" medial and parallel. The following internal ante-mortem injuries were also found on the person of deceased Paras Nath Pandey: (1) Incised wound 1 1/2x1/2" on the left ventricle cavity deep outer part corresponding to injuries No. 2. (2) Incised wound 3/4"x 1/4" cavity deep corresponding to injury No. 3 outer part of left ventricle 1 1/2" above to injury No. 1. The doctor opined that the deceased had died due to shock and heamorrhage.;