POONAM SRIVASTAV,J. - (1.) THE instant appeal was preferred by nine appellants against judgment and order dated 25.6.1981 passed by VIIth Additional Sessions Judge, Etah, in Session Trial No.450 of 1980 whereby they have been convicted and sentenced to one year R.I. under Section 147 I.P.C. and four years R.I. under Section 307/149 I.P.C. All the sentences were directed to run concurrently.
(2.) HEARD Sri Jai Narain, counsel for appellants and learned A.G.A. for the State. Occurrence is alleged to have taken place on 4.5.1978 at 6:00 p.m. First information report was lodged by Bishan Lal PW-1 on the same day at 7:30 p.m. at P.S. Kasganj, District Etah. Police station is said to be situated at distance of one mile. There are two injured persons namely Durg Pal and Chandra Pal, who received injuries in the incident. All the appellants are alleged to have caused injuries to the injured with Lathis and Dandas with such an intention or knowledge and under such circumstances, if death had been caused by that act, they would have been guilty of murder. Charge under Section 307 I.P.C. was framed against the accused. The prosecution case, in short is as follows:-
(3.) THE complainant Bishan Lal lodged first information report at Police Station Kasganj with the allegations that on 4.5.1978 at about 6:00 p.m., accused Sukh Ram, Shanker Lal, Nek Ram, Devi, Bhagwan Das, Pratap, Natthu, Talewar and Durg Pal having Lathis and Dandas came to his house. At that time, his son Chandra Pal was sitting on the 'Nali' in front of his house. The accused abused his son which was objected by his son on which, all the accused started to beat his son with Lathis. On hearing alarm, Thakur Das, Shyam Lal, Ramji Lal and others reached the place of occurrence and saved his son otherwise the accused would have killed him At the same time, Durg Pal brother of complainant was also returning to his house from Kasganj and when he reached near the village, all the accused beat him. Chandra Pal broke the chain of his wrist watch during Marpit and it fell down somewhere. On this information, Clerk constable Balbir Singh scribed chik report Ext. Ka-5 and also made an entry in G.D. Copy of which is Ext. Ka. 6. Sri N.D. Pachauri PW-7 was posted as S.I. in May, 1978 at Police Station Kasganj. The case was registered at Police Station Kasganj in his presence. He started investigation on 8.5.1978. On account of assembly election of Soron on 7.5.1978, he could not commence the investigation earlier. He prepared the site plan and also proved it. This is Ext.Ka-9. Thereafter, he recorded statements of witnesses. He also obtained medical reports of Chandra Pal and Durg Pal. On 22.5.1978, the case was converted under Sections 147, 148, 307 I.P.C. He recorded statement of Chandra Pal on 25.5.1978. After completing investigation, he submitted charge sheet against the accused. This is Ext. Ka-10. Clerk Constable Balbir Singh also proved copy of G.D. Ext. Ka-7. The entry was made in G.D. report no.33 on 22.5.1978 at 18:30 Hours under Section 307 read with Section 149 I.P.C. by S.I. Sri N.D. Pachauri. Dr. K.S. Yadav PW-2 who was posted as Medical Officer, Primary Health Centre, Kasganj, examined injuries of Durg Pal on 4.5.1978 at 10:00 p.m. and found following injuries on his person which are detailed below:- 1. Wound with clean margins 10 cm x 1/2 cm x bone touch on the top of head. 2. Abraded contusion 10 cm x 8 cm on the outer side left elbow. 3. Faint bruise with swelling tenderness 4 cm x 3 cm left shoulder outer and lower. 4. Bruise (red) 15 cm x 2 cm right scapula horizontal lower. 5. Bruise red 6 cm x 2 cm left shoulder blade bone middle horizontal. 6. Two parralel scratch liner 7 cm x 1/8 cm outer to left nipple. 7. Abrasion scratch liner 7 cm x 1/8 cm left postal margin lower. 8. Abrasion 2 cm x 2 cm outer side left knee. 9. Wound with clean margin 2 cm x 1/2 cm x muscle protuing on the middle and front of left leg. Injuries are simple. Injury nos. 1 to 9 U.O. by blunt weapon. Injury nos. 6, 7 and 8 are caused by friction with point. Nos.1 and 9 are caused by edge of a weapon. Duration recent. ;