POONAM SRIVASTAV,J. - (1.) THE instant appeal is preferred on behalf of seven appellants. All the appellants have been convicted by the Vth Additional Session Judge, Azamgarh vide judgment and order dated 9.4.1981 in Session Trial No. 45 of 1980-State Vs. Sant Lal and others. Appellant No. 4 Muneshwar and appellant no. 7 Smt. Balli are reported to be dead and their appeal stands abated vide order dated 6.2.2004. Appellant No. 1 Sant Lal and appellant No. 2 Saggho are sentenced under Section 148 I.P.C. to six months R.I. Under Section 324/149 I.P.C. to 15 and 13 months R.I. respectively. Appellant Nos. 1 to 6 to five years R.I. under Section 304 Part II I.P.C. under Section 324 and 149 I.P.C. to one year R.I. and four months R.I. under Section 147 I.P.C. All the sentences are directed to run concurrently. Sri Daya Shanker Mishra Advocate appeared on behalf of the appellants and learned A.G.A. for the State.
(2.) THE Prosecution case in brief is that in front of the houses of Kallu and Santlal there is a field which jointly belongs to the 3 branches as mentioned above. There was a private partition. Kallu was allotted one third portion on the east. He raised barley crop in his eastern portion. There was some dispute between Kallu and Santlal regarding partition of fields. Santlal planned to cut Kallu's barely crop forcibly. Accused Ram Palat is SALA of Santlal. Santlal brought accused Ram Palat, Sagghoo, Ram Autar, Muneshwar and Ram Kishore for forcibly cutting barely crop. On 2.4.1977 at about 7.00 A.M. all these accused armed with Lathis and Gandasas entered the field and started cutting barely crop. Kallu, his wife Ramdeiya and his son Bachnu objected to it. All these accused abused them and chased them. Accused Santlal delivered a Gandasi blow on the head of Smt. Ramdeiya. Accused Sagghoo assaulted Kallu with Gandasi. After felling Ramdeiya and Kallu, the accused assaulted Bechnu. The village people arrived and intervened on the hue and cry raised. The prosecution side also wielded Lathis in their defence and thus the accused party also received some simple injuries. The F.I.R. was lodged on the same day at 8.40 A.M. at Police Station Gambhirpur, Azamgarh under Sections 147, 148, 149, 323, 324, 307 I.P.C. by Bachchu Lal PW-1. The police station is alleged to be at a distance of four miles North-West from the place of occurrence. Smt. Ramdeiya wife of Kallu and mother of first informant who had received injuries in the incident, died the very next day and thereafter the case was converted under Section 302 I.P.C. Injuries of Kallu was examined on the same day at 11.00 A.M. His injuries are detailed below:- Examined Sri Kallo S/o Jiyawan aged about 70 years. H.M. R/o Vill. Rafipur, P.S. Gambhirpur, Azamgarh on 2.4.77 at 11 A.M. B/B Sri Dukhram Pande, P. no. 354. M/I Old scan mark about one inch above the umblicus on the right side about 2" x 1" in size. Injuries:- I. Incised wound 7" x 1/2" x 3/4" in size about 1/2" right to the mid line and about 1 ½" about the root of the nose. II. Abraded contusion 3" x 1/4" in size on the outer surface of the left thigh. Colour red. III. Abrasion 1/2" x 1/4" in size on the back middle part of the left leg. Inj. No. I is caused by sharp weapon and kept under observation. Adv. X-ray and referred to District Hospital, Azamgarh for X-ray and treatment. Inj. No. II and III are simple in nature and caused by hard blunt object. Duration about 1/2 day. Sd/- Illegible L.T.I. of Sri Kallo. 2/4/77.
(3.) INJURIES of PW-1 Bachnu was examined at 11.30 A.M. on the same day. His injuries are also detailed herein below:- Examined Sri Bachnu s/o Kalli aged about 35 years. R/o Vill. Rafipur, P.S. Gambhirpur, Distt. Azamgarh on 2/4/77 at 11.30 A.M. Brought by Sri Dukhram Pandey C.P. No. 354 M/I-Small black mole about 1/4" above the left eye brow. Injuries:- I.Incised wound 3" x 1/4" x upto bone on the right side of the head about one inch above the right ear. Margins are well defined. Clotted blood is present. II.Incised wound 3/4" x 1/4" x 1/4" in size about 3" above the right wrist joint on the outer surface. Clotted blood is present. All the injuries are simple in nature and caused by sharp weapon. Duration within 1/2 day. Attested. Sd/- Illegible. L.T.I. 10/4/77 Bachnu M.O. Attested P.H.C. Mohammadpur Sd/- Illegible Azamgarh. 2/4/77. 10/4/77. Post mortem on the body of deceased Smt. Ramdeiya was performed on 3.4.1977 at 9.00 A.M. Ante-mortem injuries as shown in the post mortem report are detailed herein below:- Ante mortem Injuries. ;