G.B.Singh - (1.) THESE two appeals are against the judgment and order dated 19-11-1981 of the II Additional District and Sessions Judge, Sitapur, convictiag the appellants under sections 147 and 308 IPC and setencing them to six months R. I. and 11/2 year's R. I. respectively.
(2.) THE case of the prosecution was that about three years before the occurrence Jafar was assaulted by Sobaran Yadav appellant and others upon which the assailants were being prosecuted. Raj Narain informant and his family members were doing Pairvi in that case on behalf of Jafar whereas Shri Ram appellant and others were doing Pairvi on behalf of Sobaran appellant and others. Shri Ram asked Raj Narain informant not to do Pairvi and threatened to beat him but he continued to do Pairvi on behalf of Jafar. On 24-9-1978 at about 5.00 P.M. Raj Narain informant and his brothers Babu Ram, Radhey Shyam and Sheo Ram had gone to Sarai Bazar for making certain purchases. THE appellants armed with Lathis arrived there and surrounded the informant Raj Narain. THEy started assaulting him by Lathis whereupon he raised alarm. Radhey Shyam, Babu Ram and Sheo Ram rushed for his rescue but they were also assaulted by the appellants. THE brothers of the informant Raj Narain used Dandas in their private defence. On the outcry made, Jangali, Pragi Lal, Husaini. Godhan and several other persons of the Bazar arrived and saved the informant and his brothers. THE appellants thereafter went away towards village Majgawan giving threats of life and property. Raj Narain gave a written report Ext. ka-1 at Police Station Biswan on the same day, at 6.15 P.M. THE Police Station is at a distance of about four and a half miles from Sarai Bazar. On the basis of that report a case under sections 147/323/308/506 IPC was registered against the appellants. Raj Narain, Radhey Shyam, Sheo Ram and Babu Ram were sent for medical examination. THEy were examined in the Government Hospital Biswan on the same day by Dr. C. B. Singh. He found 5 lacerated wounds, 6 contusions and one abraded contusion on the different parts of the body of Raj Narain informant. On medical examination he found 5 lacerated wounds, one abraded contusion, 6 contusions and one abrasion on the person of Radhey Shyam, 6 lacerated wounds and 9 contusions on the person of Babu Ram and two lacerated wounds and one contusion on the person of Sheo Ram. According to Dr. C. B. Singh all the injuries were simple in nature. S. I. Bhagwan Bux Singh PW 4 investigated the case, prepared site-plan and submitted the charge- sheet. Shri Ram appellant lodged a report of the incident at Police Station Rampur Kalan District Sitapur at 9.30 P.M. on the same day. It may be mentioned here that Shri Ram and 9 other appellants are residents of village Majgawan Police Station Rampur Kalan and Raj Narain informant and Ms brothers are residents of village Jodhpur Pakaria and both the village lie within the circle of Police Station Rampur Kalan whereas Sarai Bazar lie within the area of Police Station Biswan. Sarai Bazar is at a distance of about two miles from the villages of the aforesaid appellants and the informant. Mubarak and Asghar appellants are residents of village Sarai in the market area of which the incident took place. Shri Ram alleged in his FIR that Jafar Ali and Raj Narain owed money to him and since he demanded it several times, Raj Narain and others were bearing ill-will against him and his brothers. The informant and his brother Surendra had gone to Sarai to make some purchases. When they were coming back at about 6.00 P.M. and reached on the road, Raj Narain, Radhey, Babu, Puttu, Munni, Jafar Ali, Mohammad Ali came near them. They were, armed with Lathis. The assailants started belabouring them by Lathis stating that 'you demand your money at all the places due to which you insult us'. When Surendra Kumar and Asghar Ali tried to save the informant (Shri Ram) they were also beaten by Lathis due to which all of them received injuries. Surendra threw brick-bats in order to save himself and others in private defence. Their injuries were examined at Primary Health Centre, Pahla, Sitapur by Dr. Q. A. Ansari on 25-9-1978 at about 9.00 A.M. He found 2 lacerated wounds, one multiple contusion in an area of 12 cm. x 6 cm., one circular contusion and three abrasions on the body of Shri Ram, one vertical contusion and one vertical abrasion on the person of Surendra Kumar and one lacerated wound, one contusion and two abrasions on the body of Asghar Ali. On behalf of the prosecution Raj Narain PW 1, Radhey Shyam PW 2 and Sheo Ram PW 3 were examined as witnesses of the occurrence. The accused appellants did not examine any witness in defence. Shri Ram, Surendra and Asghar Ali accused made statements in their examination in support of the version disclosed in the First Information Report lodged on their behalf by Shri Ram appellant. The other accused stated that they have been falsely implicated on account of ill-will.
(3.) THE learned Additional Sessions Judge believed the prosecution case and convicted and sentenced the appellants as mentioned above. THEy have now filed these appeals. It has been argued by the learned counsel for the appellants that the evidence led by the prosecution is not reliable ; the circumstances indicate that the complainant and the members of his party were the aggressors ; Shri Ram and two others caused injuries to Raj Narain complainant and others in the exercise of their right of private defence and the appellants have, therefore, been wrongly convicted for the offences punishable under Sections 147 and 308 IPC. There is much force in this argument.;