POONAM SRIVASTAV,J. - (1.) THE instant appeal was preferred by five appellants against judgment and order dated 12.5.1982 passed by VIIth Additional Sessions Judge, Aligarh, in S.T. No. 213 of 1979 convicting appellant nos.1 and 2 under Section 307 I.P.C. and sentencing them to seven years R.I., appellant no.4 under Section 324 I.P.C. to two years R.I., appellant nos. 1, 2 and 3 under Section 148 I.P.C. to two years R.I., appellant nos. 1, 2, 3 and 5 under Sections 324/149 I.P.C. to two years R.I. and appellant nos. 3, 4 and 5 under Sections 307/149 I.P.C. to five years R.I. All sentences were directed to run concurrently. During pendency of appeal, appellants Charan Singh son of Udai Singh, Ranvir son of Ramhit and Devi Singh son of Chokhey Lal, are reported to be dead. Appeal on their behalf stands abated vide order dated 11.2.2009. I proceed to hear the instant appeal in respect of appellants Risal Singh and Hukum Singh.
(2.) SRI Hari Om Ojha, Advocate, was appointed amicus curiae by this Court vide order dated 20.11.2009. Despite repeated orders, appellants could not be arrested. There is a report of Chief Judicial Magistrate, Aligarh, mentioning that accused Risal Singh and Hukum Singh belong to district Mahamayanagar. Therefore, Superintendent of Police, Mahamayanagar, was requested to arrest them and produce before the court but no report has been received so far. Appellant Risal Singh was convicted under Section 307 I.P.C. and sentenced to seven years R.I., under Section 148 I.P.C. to two years R.I. and under Section 324/149 I.P.C. to two years R.I. Appellant Hukum Singh was convicted under Section 307/149 I.P.C. and sentenced to five years R.I. and under Section 324/149 I.P.C. to two years R.I. There are four persons namely Devendra Kumar, Veer Pal, Bhagwat Singh PW-1 and Jawahar Singh PW-2, who received injuries in the incident. Appellant Risal Singh is alleged to be armed with Katta. Appellant Hukum Singh is alleged to be armed with Lathi. Occurrence is alleged to have taken place 25.9.1978 at 11:30 a.m. in cattle market Path, Hathras, the then District Aligarh. First information report was lodged by Bhagwat Singh PW-1 on the same day at 11:50 a.m. at Police Station Sasni, District Aligarh. Police Station Sasni is situated at distance of 6 miles. Injuries were examined by the doctor on the same day after 12:00 Noon. Injuries of Devendra Kumar examined by the doctor on 25.9.1978 at 12:25 p.m. are detailed hereinbelow:- B/B Self. M.I. A raised black mole below lobule of right ear. Injuries:- (1) Two small rounded abrasions over right side of neck about 3.0 cm below right ear measuring 0.2 cm x 0.25 cm to 0.2 cm. - 0.25 cm in an area of 2.5 cm lying side by side. (2) A small rounded abrasion over left sterno clavicular joint measuring 0.2 cm x 0.20 cm. (3) An abrasion over centre of chest at level of 7th costal cartilage just by side of median plane measuring 0.5 cm x 0.2 cm on right side. Adv. X-ray:- neck including upper part of the chest. A/P view. Nature of injury and weapon kept U.O. Duration- Fresh. Injuries of Veer Pal examined by Dr. Nand Kumar, on 25.9.1978 at 12:35 p.m. are detailed hereinbelow:- B/B Self. M.I. A black mole in the centre of chest at level of 5th costal cartilage just right to median plane. Injuries:- (1) Multiple small rounded abrasion in right inter scapular region in an area of 7.0 cm x 6.0 cm with oozing of blood measurements varying 0.2 cm. - 0.25 x 0.2 cm - 0.25 cm. (2) Abrasion on right inter scapular region measuring 2.0 cm x 0.2 cm. Nature of injury no.1 and object kept U.O. Injury no.2 was simple. Duration- Fresh. Injury no.2 caused by friction. Injuries of Bhagwat examined by the doctor on 25.9.1978 at 12:15 p.m. are detailed hereinbelow:- B/B Ramesh Chandra CP No. 932. M.I. A black mole on abdomen about 2.5 cm below umblicus. Injuries:- (1) Lacerated wound in right occipital region measuring 2.5 cm. x 2.0 cm x scalp deep with fresh bleeding. (2) Contusion over right deltoid region extending to right upper arm measuring 10.00 cm x 2.5 cm with reddish discolour. (3) 5 small rounded abrasions on the posterior aspect of left deltoid region measuring 0.2 cm x 0.25 cm x 0.2 cm x 0.25 cm in an area of 6.0 cm x 5.0 cm. (4) 6 small rounded abrasions in the left lumber region in an area of 7.0 cm x 5.0 cm with inflammatory swelling around. Nature of injury nos. 3 and 4 kept U.O. Duration- Fresh. Injuries were caused by hard and blunt object and friction. Adv. (i) X-ray left shoulder A/P - Lat view. (ii) X-ray lumber region A/P view. Injuries of Jawahar Singh examined by the doctor on 25.9.1978 at 12:00 Noon are detailed hereinbelow:- B/B Nawab Singh. M.I. A big birth mark over the centre of....(P.T.) a little left to the median plane. Injuries:- (1) Multiple small rounded abrasion right deltoid region upper arm in an area of 24.0 cm x 8.0 cm measuring varying 0.2 cm x 0.25 cm - 0.2 cm x 0.25 cm. (2) Multiple small rounded abrasion over dorsal aspect of right forearm along, entire length measurement varying 0.2 cm x 0.25 cm - 0.2 cm x 0.25 cm. (3) 3 small rounded abrasions over base of right middle ring and little fingers measuring 0.2 cm - 0.25 cm x 0.2 cm x 0.25 cm. (4) Multiple small rounded abrasions on the right side of chest in an area of 6.0 cm x 5.0 cm. (5) 4 Small rounded abrasions in the right lower axillary region in an area of 8.0 cm x 5.0 cm. Nature of injuries and nature of weapon kept U.O. Duration- Fresh. Adv. X-ray right arm A/P Lat. view.
(3.) PROSECUTION examined as many as seven witnesses namely Bhagwat Singh PW-1 and Jawahar Singh PW-2 who were injured. Narottam Singh PW-3, Fauji Singh PW-4 who was investigating officer, Dr. N.K. Sharma PW-5. Head Constable Badri Prasad PW-6 and Shashi Kant PW-7 are other two formal witnesses.;