- (1.) K. D. Shahi, J. This appeal has been filed against the judgment and order dated 7-3-1980 passed by Shri G. D. Dubey, the then I Additional District & Sessions Judge, Azamgarh is Sessions Trial No. 359 of 1977 whereby appellants Ram Harakh, Maniram and Ram Dwar have been con victed under Section 148, IPC and sen tenced to two years R. I. and appellants Musafir, Shobhnath, Ram Karan, Shriram, Surajbali and Raja have been convicted under Section 147, IPC and sen tenced to one year's R. I. They have also been convicted under Section 302, read with Section 149, IPC and sentenced to imprisonment for life. They have further been convicted under Sections 326, 324 and 323 read with Section 149, IPC and sentenced to five years R. I. one year's R. I. and six months R. I. respectively. All the sentences were directed to run concur rently.
(2.) IN brief, the case of the prosecution is that on 1-5-1976 at 3. 00 p. m. Malak (since deceased) and the father of the in formant Banwari were sitting in the Usari and were talking. IN the meantime, ac cused Ram Harakh armed with Adhdha, Ram Dawar armed with gun, Mani Ram armed with Gandasa, Musafir, Shobh Nath, Ram Karan, Raja, Shriram and Suryabali armed with lathis came and ex horted that Malak should be killed today. Ram Harakh fired by his Adhdha and Ram Dawar fired by his gun which hit Banwari and Malak. Lal Chand son of Malak and his wife came to save Malak and they were also assaulted. Banwari was hospitalized and Malak died. It is alleged that Darbari, Pawaru, Shyamdhari, Ramker etc. had seen the occurrence. The motive of the occurrence is said to be old enmity be tween accused Ram Harakh and deceased Malak. It is alleged in the F. I. R. that the informant went to police station Gambhirpur, but no report was lodged. He took the victims to the Sadar Hospital and on 2-5-1976 at 8,30 p. m. the F. I. R. was lodged at police station Kotwali. The case was transferred to Police Station Gambhirpur and on 3-5-1976 at 20. 35 p. m. the case was registered. The Investigating Officer inves tigated the case, prepared the inquest report and other police papers and after investigation was complete, he submitted the charge-sheet against all the accused persons.
(3.) LAL Chand was medically examined by Dr. P. Sarangi on l-5-1976at 11. 15p. m. He had got one lacerated wound at the left palm. Banwari was also medically ex amined by Dr. P. Sarangi on 1-5-1976 at 10. 25 p. m. The doctor had found the fol lowing injuries on the person of Banwari: (1) Multiple fire-arm wound 1/10" x 1/10" skin deep scattered within a radius of 5" at the middle of the head and face (left side ). (2) Abrasion horizontally placed 1" x 1/10" on the left cheek 1/2" below the lower eye-lid, left side. (3) Multiple fire-arm wound 1/10" x 1/10" skin deep at the front and middle of left ear. On X-ray the injury of Banwari in his left eye caused by gunshot was found to be grievous.;