Shri Kant Tripathi - (1.) THE appellants Ram Murat and seven others have preferred this appeal against the judgment and order dated 13.10.1981 rendered by Shri C. L. Anand, the then IIIrd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 383 of 1978, whereby the learned Additional Sessions Judge has convicted and sentenced each of the appellants under Section 307 read with Section 149, I.P.C. to undergo rigorous imprisonment of five years. Each of the appellant No. 1 Ram Murat, the appellant No. 2 Rama Nand and the appellant No. 3 Sant has also been convicted and sentenced under Section 148, I.P.C. to undergo rigorous imprisonment of two years. Each of the remaining appellants namely, Ram Ratan, Ram Chandra, Bishram, Ramain and Kesari, have also been convicted and sentenced under Section 147, I.P.C. to undergo rigorous imprisonment of one year. THEse sentences have been directed to run concurrently.
(2.) THE appellant No. 3 Sant and appellant No. 8 Kesari died during the pendency of the appeal, consequently the appeal stood abated against them. I have heard Shri Virendra Singh assisted by Sri Sapan Kumar Singh and Sri R. S. Tiwari appearing for the appellants No. 1, 2 and 4 to 7, and the learned A.G.A. and perused the record. It is alleged on 31.10.1976 at about 10 a.m., the complainant Sita Ram Tiwari was ploughing his plot No. 44/1. All the appellants, who were duly armed with lathi and farsa arrived there. It is alleged that the appellants No. 1, 2 and 3 had farsa and remaining appellants had lathi. It is also alleged that the accused persons assaulted the complainant Sita Ram Tiwari and his son Sheo Ram with lathi and farsa, consequently they sustained serious injuries. The complainant Sita Ram Tiwari lodged the F.I.R. at the police station concerned on the same day at about 10.10 p.m. on which basis the police registered the case and proceeded to make the investigation.
(3.) BOTH the injured Sita Ram Tiwari and his son Sheo Ram were medically examined by P.W. 5 Dr. V. K. Srivastava, who was posted as Medical Officer at the P.H.C. Campierganj, district Gorakhpur on 31.10.1976 between 6 p.m. and 6.15 p.m. The following injuries were found on the body of the injured Sita Ram Tiwari : (1) Contusion on back over right scapula of size of 12 cm. x 2 cm. red in colour ; (2) Contusion just below the lower end of right scapula of size of 14 cm. x 2-1/2 cm. red in colour ; (3) Contusion on back over the left scapula of size of 12 cm. x 2-1/2 cm. red in colour ; (4) Contusion on back 3 cm. below the lower end of left scapula of size of 1-1/2 cm. x 2-1/2 cm. red in colour ; (5) Contusion 1 cm. above the left scapula, red in colour 10 cm. x 2-1/2 cm. ; (6) Traumatic swelling of size of 6 cm. x 4 cm. over the right elbow joint ; (7) Abrasion 1 cm. x 1 cm. scab on dorsom of right hand ; and (8) Lacerated wound x skin deep 2 cm. x 1-1/2 cm. scab over dorsum of right hand. The following injuries were found on the person of the other injured Sheo Ram : (1) Traumatic swelling - 6 cm. x 4-1/2 cm. over the scalp on right side just above the right ear ; (2) Contusion over the upper end of right lumbers 10 cm. x 2 cm. red in colour ; (3) Contusion on back towards right side just below the lower end of right scapula 10 cm. x 2-1/2 cm. red in colour ; and (4) C/o Blood mixed sputum.;