RAM KRISHNA GAUTAM, J. - (1.) This criminal appeal under Section 374 (2) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') Bagha @ Ashok Vs. State of U.P. and Criminal Appeal No. 1797 of 2017 by Chuchu @ Ram @ Ramu @ Ranjeet Singh, Raju @ Ram @ Rajendra Singh and Shyam under Section 374 (2) of Cr.P.C., has been filed against one and common judgment of conviction and sentence made therein, in Sessions Trial No. 25 of 2007, State of U.P. Vs. Chuchu @ Ram @ Ramu @ Ranjeet Singh and three others, arising out of Case Crime No. 397 of 2006, under Section 307/34, 324/34 and 436 I.P.C. of Police Station Kotwali Katra, District Mirzapur, whereby each of convict appellant Chuchu @ Ram @ Ramu @ Ranjeet Singh, Raju @ Ram @ Rajendra Singh and Shyam has been convicted and sentenced with seven years rigorous imprisonment and fine of Rs. 10,000/-, in default of payment of fine three months additional imprisonment, under Section 307/34 I.P.C., two years rigorous imprisonment and fine of Rs. 2,000/-, in default of payment of fine, two months additional imprisonment, under Section 324/34 I.P.C.
(2.) In brief, case of prosecution which surfaced from judgment and record of trial Court, is that Case Crime No. 397 of 2006, under Sections 307, 324 and 436 I.P.C., was got registered at police Station- Kotwali Katra, District Mirzapur on 6.11.2006 at 22:45 hours against Shyam, Chuchu, Raju son of Jhagdu Sonkar and Bagha @ Ashok son of late Daya Ram, all resident of Mohalla Putlighar, near Jahnvi Hotel, within the area of P.S. Kotwali Katra, District Mirzapur, by way of presenting First Information Report (hereinafter referred to as 'F.I.R.') Ex. Ka-1, under hand writing and signature of Vijay Kumar Sonkar, resident of Mohalla Putlighar, near Jahnvi Hotel within the area of P.S. Kotwali Katra, with contention that on 6.11.2006, there occurred some quarrel in between wife of neighbourer Baish and accused persons, owing to which, enmity occurred. As a result, on the same date of 6.11.2006 at about 10:00 P.M. Shyam, Chuchu and Raju son of Jhagdu Sonkar, Bagha @ Ashok son of late Daya Ram, all resident of Putlighar near Janhvi Hotel within the area of P.S. Kotwali Katra, Mirzapur, armed with katta, sword and lathi-danda, got residential hut (madhai) of informant's cousin Ram Chandar, put at ablaze. After seeing this flame, Ram Chandar, his wife Guddi Devi and cousin Suraj rushed on spot, when Shyam with intention to kill, made firearm shot and Bagha @ Ashok, by sword, and rest by lathi-danda, assaulted them. Ram Chandar, his wife Guddi Devi and his cousin Suraj sustained injuries. This occurrence was witnessed by this informant, his nephew Babloo, his neighbourer Chhedi and Santosh along with others, under the light of electricity. Injured were taken at hospital and this report was submitted. After registration of this case crime number, vide G.D. entry Ex. Ka-2, "Chitthi Majroobi" was got prepared for injured Suraj, injured Ram Chandar and injured Smt. Guddi Devi. Their injuries were written in G.D. and they were sent for their medical examination at Government Hospital by Homeguard Vijay Kumar Tripathi. Medical Officer PW-6, Dr. U.P. Dwivedi, who was posted at Emergency Ward of District Hospital, Mirzapur, on 6.11.2006, examined injured Smt.Guddi Devi, aged about 30 years, wife of Ram Chandar, resident of Putlighar near Janhvi Hotel within area of P.S. Kotwali Katra, District Mirzapur, brought by Homeguard 1089 Vijay Kumar Tripathi at 11:06 P.M. on 6.11.2006 and she was having following injuries over her person:- (i) lacerated wound of 1cm X half cm X mussel deep with blackening and tattooing around it over left scapula, 5cm above from lower ankle, it was kept under observation and X-ray was advised. (ii) lacerated wound of 1cm X 1cm X mussel deep, 2cm above to injury No. 1, having blackening and tattooing over it. (iii) lacerated wound of 1cm X 1cm X mussel deep with blackening and tattooing over it. (iv) lacerated wound of 2cm X 1cm over the left scapula, 3cm below from lower ankle with blackening and tattooing over it. (v) lacerated wound of 1cm X 1cm X scalp deep over head within right eyebrow with blackening and tattooing over it. (vi) lacerated wound 1cm X half cm X mussel deep, on the left buttock, 6cm above iliak ubhar with blackening and tattooing over it. All injuries were kept under observation and referred for X-ray. This report Ex. Ka-5, was prepared under hand writing and signature of this witness, on the back side of letter of police station. These injuries were of firearm shot and fresh.
(3.) At the same time, in that very night, at 12:20 A.M. of 7.11.2006, he had examined injured Ram Chandar, aged about 30 years, son of Munni Lal, brought by Homeguard as above and found following injuries over his person:- (i) incised wound of 2cm X 1cm, having margins inverted on the right side of face near right eye. (ii) lacerated wound of 1cm X half cm on the left side of chest, 3cm below collar bone. These injuries were fresh and caused by sharp edged weapon, for which X-ray was advised and were kept under observation. Medico legal report, under hand writing and signature of this witness, was got prepared on the back of letter of police station, which was proved, exhibited as Ex. Ka-6. ;