- (1.) A. N. Dikshita, J. Dinesh Kumar alias Barey, Ram Rakshpal, Rampal and Shishu Kumar alias Laraitey all sons of Mewaram have preferred this appeal against the judgment and order dated 10-P-1979 passed by Sri P. K. Misra, II Addl. Sessionsjjudge, Shahjahanpur. By the impugned judgment all the appellants have been convicted under Sections 307/34, I. P. C. and Sections 324/34, I. P. C. On the first count the appellants have been sentenced to 18 months' R. I. each and a fine of Rs. 500 each, while on the second count they have been sentenced to six months' R. I. each and a fine of Rs. 250 each. In default of payment of fine the appellants have been directed to undergo four months' R. I. for the first count and two months' R. I. for the second count. The two sentences have been ordered to run concurrently.
(2.) DURING the pendency of the appeal Ram Rakshpal died as reported by the Chief Judicial Magistrate, Shahajahanpur. The appeal in respect of Ram Rakashpal, therefore, abates. The prosecution case, in brief, is that on 23-10-1976 at about 10. 30 a. m. Ram Shankar along with his son Rama Kant had gone to his field and in order to irrigate it had attempted to open the kolaba when suddenly the appellants reached the spot. Dinesh Kumar was armed with a Tamancha, Ram Rakshpal was armed with a gun while the remaining two appellants had lathis in their hands. They approached Ram Shankar and told him that they would open the kolaba first to irrigate their field. Ram Shankar requested them to permit him to irrigate his field first as his field had gone dry and the appel lants had irrigated their field recently. On this the appellants hurled abuses to which Ram Shankar requested to refrain. But appellant Shishu Kumar alias Laraitey exhorted his brother to fire. Ram Shankar ran out on his cries Shiv Lal Kachi, Pyare Kahar, Parag Dutt, Ramesh, Raman, Naresh, Rameshwar Dayal and Ram Shankar son of Rudra Prasad reached the spot. Appellant Shishu Kumar again exhorted that so many persons had reached the site and as such firearms must be used. Firearms were accordingly used from the side of the appellants causing injuries to Rama Kant, Parag Dutt, Shiv Pal, Pyare, Raman, Naresh and Ramesh, Rama Kant fell on the ground there and the appellants considering Rama Kant dead filed away from the scene of occurrence. A written report of the incident was lodged by Ram Shankar at P. S. Jaitipur, Shahjahanpur, at 3. 30 p. m. i. e. after five hours of the incident on the same day 23-10-1976 the distance of the police station from the place of incident being four miles.
(3.) THE injured were medically examined on 23-10-1976 at Miranpur Katra Dispensary, Shahjahanpur by Dr. S. K. Dixit. He found the following injuries on the injured persons: Naresh Baboo Injuries 1. G. S. W. 1/4 cm X 1/4 cm X muscle deep on the ant. Surface of the left shoulder joint. 2. G. S. W. 1/4 cm X 1/4 cm skin deep on the ant. Surface of the left leg. 5 cm below to left, knee joint. Margins of wounds are lacerated inverted. Ramesh Injuries 1. Firearm wounds of inlet on the forehead right side 4 cm above to right eye brow. Size 1/4 cm X 1/4 cm X scalp deep. 2. Firearm wound of inlet 1/4 cm X 1/4 cm X l1/2cm on the chest left side ant. Surface, 5 cm above and medial to it nipple. 3. Firearm wound 1/4 cm X 1/4 cm X skin skin deep on the abd. Right side lat. surface Margins of wounds are lac. and inverted. Blacken ing, charring and tattooing is absent. Injuries No. 1 and 3 are simple in nature and No. 2 is kept under observation. All injuries are caused by pellets of a Firearm. Raman Lal Injuries 1. G. S. W. of inlet 1/4 cm X 1/4 cm X muscle deep on the neck ant. surface right side. 2. G. S. W. 1/4 cm X 1/4 cm muscle deep on the abd. ant. surface left side of the outer to the umblicus. 3. G. S. W. (two in no.) on the ant. surface and one on outer surface of the It. forearm 9 1/2 cm above to left wrist jt. size 1/4 cm X 1/4 cm X muscle deep and both wounds. 4. G. S. W. 1/4 cm X 1/4 cm X muscle deep on the outer surface of the left leg, 12cm above to left lateral malicious. 5. G. S. W. 1/4cm X 1/4cmx skin deep on the dorsum of the left big toe. G. S. W. 1/4 cm X 1/4cm muscle deep on the post, surface of the right leg. 13cm above to right ankle it. All are simple injuries caused by pellet of a firearm. Pyare Injuries 1. G. S. W. of inlet on the ant. surface of abd. left side 1/4 cm X 1/4 cm X muscle deep llcm above and outer to the umblicus, Injuries is simple in nature, caused by pellets of firearm,, Injuries 1. G. S. W. 1/4 cm X 1/4 cm X muscle deep on the post, surface of right elbow joint. 2. G. S. W. 1/4cm X 1/4cm X muscle deep on the abd. left side ant. 3. surface. 3. G. S. W. 1/4cm X 1/4cm X muscle deep on the medial surface of the left leg 8 cm below to left knee joint. All the injuries are simple and caused by pellets of a firearm. Prayag Dutt Injury 1. G. S. W. 1/4 cm X 1/4 cm X scalp deep on the head left side 3 cm above to left ear. Injury is simple in nature, caused by pellets of a firearm. Rama Kant Injuries 1. G. S. W. 1/2cm X 1/4cm skin deep on the forehead right side 3 cm above to right eye brow. 2. G. S. W. as so with abrasion 1cm X 1cm on the sup. surface of the left shoulder jt. size G. S. W. 1/4cm X 1/4cm X skin deep. 3. Multiple G. S. W. in area of 32 X 24cm on the ant. surface of the chest and epigastric region of the abdorren. No of wound 13 only, size 1/4cm X 1/4cm depth l 1/2cm. Probe not passed, more than li cm due to danger of infection to the chest cavity and abdomen cavity, surgical emphysema present around the wounds, present on the chest, there are 9 wound on the chest. 4. Abrased G. S. W. 1 X 1/2cm on the medial surface of the ft. elbow jt. 5. G. S. W. two in no. on the ant. surface of the right forearm, size 1/4cm X 1/4cm X muscle deep in upper 1/3. 6. G. S. W. 1/4cm X 1/4cm X muscle deep on the medial surface of the lett upper arm.;