B.K.Sharma, J. - (1.) ALL the above three appeals arise out of the judgment and order dated 12.2.1980 passed by Sri G. R. S. Tandon, the then Ilnd Additional Sessions Judge, Muzaffarnagar in S. T. No. 370 of 1978 State of U. P. v. Balzora and 15 others. Accused Balzora, Balwant, Omi, Hukum Chandra, Kripa. Gokul, Jai Prakash, Rakam, Pannl, Amar Singh, Niadara, Gyani, Tilak Ram, Prem, Pulloo and Gajay were tried before the Additional Sessions Judge for the offence under Sections 147, 302/149 and 307/149, I.P.C. Accused Balzora and Balwant were real brothers inter se, accused Omi, Amar Singh and Hukum Singh were real brothers inter se, being sons of Niadara, accused Gyani was the son of accused Balzora, accused Balzora and accused Niadara were samdhi inter se, accused Tilak Ram is the son-in-law of Kundan (brother of accused Niadara), accused Prem is son of accused Tilak Ram, accused Pulloo is brother-in-law of accused Tilak Ram, accused Gajay is son of accused Pulloo, accused Kripa and Gokul are khandanl brothers of accused Balzora. Accused Jai Prakash is the nephew of accused Niadara. Accused Rakam and accused Panni are grandsons of accused Naidara.
(2.) ALL the three appeals have been heard together and are being disposed of by this common judgment. The prosecution case was that Khacheru, father of the deceased Raghuvir has lodged a report against Tilak Ram and others for the offence of dacoity under Section 395, I.P.C. in which they were being prosecuted, that the present occurrence took place on 25.3.1978 at 2.30 p.m. which was the day of holl phag, that the informant Baljeet was sitting with Mohabbat Pradhan near the Gher of Yasin, Inayat and Quadir were also there, that he found Vijai, Jatti, Roop Chandra, Balvlr, Vishnu and Raghuvir were coming from the Western side, that when they approached in front of the door of the Gher of Yasin, the aforesaid accused persons came from the house and Kundan and Niadara came from North East side, that Kripal, Gokul and Prem accused were armed with gandasa while rests of the accused were armed with lathis, that all the 16 accused surrounded the aforesaid 6 persons and gave out that they would teach a lesson to them for lodging a false report as none could take notice of the events on the phag day and started assaulting them, that Vijay caught hold of a danda from the house of Mohabbat Pradhan while Roop Chandra had a danda with him and used the same in self defence, that Roop Chandra and Vijay received injuries on the spot while Jati died on the spot due to the injuries and Raghuvir became unconscious due to the injuries received by him. The prosecution case further was that iron wires were affixed in the lathi of Roop Chandra. The accused persons are said to have left the spot after the Marpit The F.I.R. (Ex. Ka-1) was got scribed by Balzora informant from Surajmal and lodged at the police station Miranpur. Raghuvir injured died on his way to the hospital. The usual Investigation followed. The post-mortem examination of Jati was made by doctor A. K. Gupta P.W. 6 on 26.3.1978 at 8.35 a.m. He found following ante-mortem injuries on the body of Jati deceased : "1. Lacerated wound 11/2" x 1/2" x bone deep on the right side front of the, head 3 1/2" above the right eye brow. Anterior posterially placed. There was found clotted blood. 2. Contusion 8" x1" on the right side of the front of the chest and abdomen obliquely placed, 4" below the right nipple. On internal examination, the doctor found clotted blood in the scalp with fracture of bone under injury No. 1. The clotted blood was found in the membranes and brain under injury No. 1." The death of the deceased was caused due to shock and haemorrhage as a result of the injuries sustained by him and the duration of the death was about 'a day' before the post-mortem examination.
(3.) DR. A. K. Gupta also conducted the post-mortem examination on the dead body of Raghuvir. He found the following ante-mortem injuries on his dead body. "I. Lacerated wound 1 1/2" x 1/2" x bone deep on the right side of the head 5" above the right ear. 2 Lacerated wound 3/4" x 1 /2" x bone on the top of the middle part of the head. 3 Lacerated wound 1/2" x 1/4" x bone deep on the left side of the head 5 1/2" from the left ear. On internal examination, the doctor found clotted blood in the scalp under injury Nos. 1 to 3 and fracture of bone was also found under injury Nos. 1 and 2. Clotted blood was also present on the surface of the membranes under injury Nos. 1 and 2 and further clotted blood was present in the brain under injury Nos. 1 and 2." In the opinion of the Doctor, the death of the deceased was caused due to shock and haemorrhage as a result of the injuries sustained by him. The duration of death was about one day. Injured prosecution witness Vijay was medically examined by Dr. S. C. Gupta on 26.3.1978 at 3.40 a.m. The following injuries were found on his person. "1. Incised wound 2 1/2" x 1/4" x scalp on right forehead just above the eyebrow obliquely placed, Margins sharp out and tailing below. 2 Abrasion 3 1/4"x 1/10" on the top and outer aspect of left shoulder. Dr. Gupta proved the Injury report Ex. Ka-8 and according to him, the said injuries were simple and Injury No. 1 could be caused by sharp cutting weapon and injury No. 2 could be caused by friction. They were about half a day old." ;