Vinod Prasad, J. - (1.) THE above two connected appeals have been filed by co-accused persons in S.T. No. 540 of 1980, State v. Sompal Singh and others, decided by IInd Additional Sessions Judge, Budaun, vide his impugned judgment and order dated 12.10.1980 and hence both the appeals have been clubbed together and are being decided by this common judgment.
(2.) THE two appellants Jagan Nath Singh and Sabab Singh (in Criminal Appeal No. 2687 of 1982) and the three appellants Sompal Singh, Kunwar Pal Singh and Meharban Singh (in Criminal Appeal No. 2681 of 1982) have been convicted under Sections 302/149, 324/149 and 323/149, I.P.C. and they were sentenced to life imprisonment on the first count, one year R.I. on the second count and six months R.I. on the third count. Appellant Meharban Singh has been convicted under Section 147, I.P.C. with six months R.I. and rest of the appellants have also been convicted under Section 148, I.P.C. with one year R.I. All the appellants in the two appeals have questioned the correctness of their conviction and the aforesaid sentences. Prosecution version in thumb nail description against the appellants are that Shankar Singh was a resident of village Baripur, P.S. Wazirganj. On 21.5.1980 at 2 p.m. appellants, Sompal Singh, Kunwar Pal Singh, Sahab Singh, Jagan Nath Singh and Meharban Singh assaulted him with kanta, bhala, ballam and lathi in front of his house. The alarm raised by him attracted his brother informant Mukhu Singh, Bhoop Singh (P.W. 2) and nephew Pooran Singh (P.W. 3) on the spot. The aforesaid persons accosted the accused persons on which the assailants started belabouring them as well. The motive for the marpit was the earlier incident regarding drinking of water by the cattles from the water wheel (rahat). The accused persons also nurtured a grudge against the informant because he had purchased the house of Thakur Dular Singh which the accused persons wanted to purchase. It was alleged in the F.I.R. that Kunwar Pal Singh armed with kanta had assaulted Shankar Singh, Sompal Singh armed with bhala assaulted Mukhu Singh, Jagan Nath Singh assaulted Bhoop Singh with ballam. Sahab Singh from his kanta had assaulted all and Meharban Singh had assaulted Pooran Singh injured with lathi. Informant got the F.I.R. scribed through Rajvir Singh and after covering a distance of 8 km. North lodged it at police station Wazirganj, district Budaun on 21.5.1980 at 7 p.m. Vidya Ram Sharma, P.W. 6 head moharir prepared the chik F.I.R. exhibit Ka-9 and the G.D. entry exhibit Ka-10. All the injured Shankar Singh, Mukhu Singh, Bhoop Singh and Pooran Singh were sent for their medical examination after preparation of their chitthi mazroobi, which P.W. 6 has proved as Exts. Ka-11 to Ka-14. Investigation of the crime was entrusted to S.I. Harihar Singh Chandel P.W. 10. He commenced the investigation on 22.5.1980 recorded the statement of head constable Vidya Ram Sharma and thereafter proceeded for the hospital where he recorded the statement of the informant injured Shankar Singh at 12.25 p.m. He had proved the said statement as exhibit Ka-19 since the aforesaid statement was in the nature of dying declaration of Shankar Singh. In the hospital itself he recorded the statement of the injured Bhoop Singh, Pooran Singh and Mukhu Singh and of the witness Rajvir Singh. From the hospital he came to the spot and searched for the accused but could not find them. He reached at the spot, recorded the statement of Ram Gulam Singh, Ganga Ram Singh and Bahadur Singh and at their pointing out conducted the spot inspection and prepared the site plan which he had proved as exhibit Ka-20. On 26.5.1980, he received the information regarding the death of Shankar Singh and copy of his post-mortem examination report, which was conducted on 25.5.1980 at 4.30 p.m. He copied the said information and the post-mortem examination report and then converted the offence into Section 304, I.P.C. He thereafter recorded the statement of witness Hakim Singh on 30.5.1980. Concluding the investigation, he submitted the charge-sheet against the accused persons on 9.6.1980, which he proved as exhibit Ka-21.
(3.) THE medical examination report of Shankar Singh was conducted on 21.5.1980 at 10 p.m. and the doctor found following injuries on his body : "1. Incised wound 9 cm. x 1 cm. x bone deep on the right skull, 7 cm. from the right year. 2.Incised wound 7 cm. x 1 cm. x bond deep on the mid line of skull, 8 cm. away from injury No. 1. 3.Contusion 6 cm. x 2 cm. on the left anterior chest below the left nipple. 4.Contusion on 8 cm. x 2 cm. middle of right thigh. 5.Contusion 4 cm. x 2 cm. on the left back of shoulder." Mukhu Singh was medically examined on the same day at 10.10 p.m. and his medical examination report indicates following injuries to have been sustained by him on his person : "1. Incised wound 9 cm. x 1 cm. on the top of skull, 11 cm. above and port to right ear. 2.Incised wound 4 cm. x 2 cm. x bone deep placed transversely to the port of injury No. 1. 3.Penetrating wound 2 cm. x .5 cm. x 1 cm. on the right port of hand 3 cm. proximal to the ring finger knuckle. Advised X-ray. 4.Penetrating wound 2 cm. x .5 cm. x bone deep on the left dorsum of hand, 1 cm. proximal to knuckle of ring finger. 5.Contusion on 10 cm. x 4 cm. on the middle of right thigh. 6.Incised wound 5 cm. x 1 cm. x bone doep, 4 cm. below injury No. 2." ;