Rajul Bhargava, J. - (1.) The present appeal has been filed against the judgment and order dated 22.10.1982 passed by Third Additional Sessions Judge, Allahabad in Sessions Trial No.353 of 1981 convicting all four appellants under Sections 325/34 IPC and sentencing them to undergo five years rigorous imprisonment, one year rigorous imprisonment under Section 323/34 IPC, further convicting the appellant no.2 Moti Lal, appellant no.3 Hira Lal and appellant no.4 Sant Lal under Section 324/34 IPC and sentenced them to undergo two years rigorous imprisonment and convicting appellant no.2 Moti Lal under Section 324 IPC and sentencing him to undergo two years rigorous imprisonment. All the sentences to run concurrently.
(2.) It is relevant to state here that during the pendency of the appeal, appellant no.1 Sita Ram and appellant no.2 Moti Lal died and by order dated 29.11.2012 their appeal stood abated. Now the appeal is being considered for the surviving appellants Hira Lal and Sant Lal. The prosecution version as disclosed in the first information report Exhibit Kha-1 lodged by one Amar Chand since dead.
(3.) In brief, it was alleged that informant's elder brother Radhey Shyam had grown Tomato in his field, the cattle of accused Sita Ram had damaged the Tomato crop about 7-8 months back, whose complaint was made by the informant to Sita Ram. Since then Sita Ram bore ill will and personal grudge towards him. On account of the said enmity on 25.7.1980 at about 9.30 P.M. accused Sita Ram, his brother Sant Lal came in a drunken state and started abusing. On 26.7.1980 at about 9 P.M. Informant's brother Radhey Shayam went to remonstrate about the said incident whereupon the accused-appellants armed with Lathi-Danda and Pharsa assaulted Radhey Shyam. On his raising alarm the first informant Amar Chand and Dashrath reached there to save his brother and they were also attacked by the accused. On their raising alarm, other villagers reached there and challenged the accused whereby the accused fled away. The first information report of the incident was lodged at 10.55 P.M. and the case was registered under Section 324 IPC. The three injured persons were sent to Hospital for their examination. The Doctor noted the injuries on the persons of the injured, whose duration were fresh, the injuries noted by the Doctor, are reproduced below :- Injuries of injured Radhey Shaym :- "(a) Lacerated wound 1,1/2" x 1/2" x bone deep on the sight partial region. (b) Lacerated wound 1" x 1/3" x muscle deep on the right ear upper part. (c) Complains of pain on right shoulder and back of chest. (d) Right side face disfigured and mouth could not be opened. (e) The injuries were fresh and caused by blunt weapon. Injuries of injured Dashrath :- (a) Lacerated wound 2,1/2" x 1/2" x bone deep frontal region (b) Complain of pain outside upper arm left. Injuries of injured Amar Chand :- (a) Abrasion 1, 1/2" x 1/3" x on the outer aspect of left side neck. (b) Incised wound with clean margin 1/2" x 1/3" x muscle deep on the outer aspect of left clavicle with fracture present in the lower part. (c) Incised would left upper arm medial aspect 1,1/2" x 1/2" x muscle deep. Margin clean cut. (d) Traumatic swelling 2" x 1" on left parietal region of head. (e) Abraded contusion 1" x 1/2" on back of right elbow. (f) Superficial incised wound 5" x 1/6" on the right scapular region. (g) Superficial incised wound 5" x 1/8" back of right reual region. (h) Incised wound 4,1/2" x 1/8" x muscle deep left hand outer aspect. Injuries were fresh. Injury Nos.1,4 & 5 were caused by some blunt weapon and the rest were caused by some sharp weapon.";