S.J. Hyder, J. - (1.) THIS is an appeal against an order of conviction and sentence dated 18-12-1977 passed by Second Additional Sessions Judge, Azamgarh. By means of the said judgment and order appellants Ram Jatan, Ram Chander, Chandar, Ramayan, Naresh, Ram Nath, Dal Singar, Birju and Sharikh have been found guilty under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. Barai, Channa and Suraj appellants have been found guilty of the offence under Section 148 IPC and have been sentenced to undergo rigorous imprisonment for a period of two years. All the appellants have been found guilty under Section 302 lead with Section 149 IPC for the murder of Kharpattu and have been awarded life imprisonment on that account. All of them have also been convicted and sentenced to undergo two years' R. I. under Section 324 read with Section 149 IPC for causing injuries to Balli (PW 8). All of them have further been sentenced to undergo one year's. R.l. for causing injuries to one Patro since deceased. The order under appeal further provides that the various sentences awarded to the appellants shall run concurrently.
(2.) THE prosecution case may now be stated :- Appellant Dal Singar's father was one Kishun whose uncle Ramjas left behind five Bighas of land at village Bhanpur. This land was inherited by the widow of Ramjas Smt. Badaki Dalsingar appellant is said to have obtained a fictitious sale-deed in his name and in the name of his three brothers from Smt. Badaki who on coming to know of it filed an objection in the mutation proceedings. A suit was also filed for the cancellation of the said sale-deed which was pending at the time of the incident giving rise to this appeal. Patroo is said to have acted as Pairokar in these two cases on behalf of Smt. Badaki. About eight days price to the date of the incident, Ram Jatan, Birju, Dal Singar, Naresh, Ram Nath, Ramayan, Ram Chander and Chander appellants along with certain other persons forcibly harvested the barky crop belonging to Smt. Badaki. This led to a riot and gunshots are said t:o have been fired by Dal Singar and others in which Khaderu, Jholai, sons of Kharpat and one Kishore were injured and a criminal case in respect of this incident was started. According to the prosecutiotn, Kharpat deceased and injured Patroo and Balli were going towards their village through village Dubari. Tie appellants who belonged to one group lay in wait for them at village Dubari at the khaliyan of one Lochan situate towards the west of the abadi of village Bhanpur. This place was about 150 paces from the house of Ram Awadh (PW 1). Appellant Barai was armed with a Pharsa and appellants Channa and Suraj with Barchhas and the rest of the appellants had lathis with them. As soon as Kharpat, Patroo and Balli reached the scene of occurrence near the khaliyan of Lochan, all the appellants pounced upon them and started beating them with their respective weapons. The victims raised an alarm on hearing which Ram Awadh, Suruju Singh, Ram Kishun Singh who were sitting infront of the house of Ram Awadh Singh came running to the scene of occurrence and saw the appellants beating the three victims above named with the weapons which each of them possessed. On the intervention of Ram Awadh and others, the appellants ran away from the scene of occurrence. The place of occurrence was about three furlongs away from village Bhanwarpur and the residents of the said village arrived soon thereafter. All the three injured were carried to the police station on a cot by them. On way to the police station, a report Ex. Ka-10 is said to have been written by Ram Prasad (PW 7) on the dictation of Patroo. Police station Madhuban is situated at a distance of about 5 miles from the scene of occurrence. The party reached the police station and the first information report was lodged the same day. A chick report Ext. Ka-11 was prepared and a criminal case in the general diary was registered. The Station Officer Madhuban Shariful Hasan was present at the police station and he interrogated the complainant Patroo and the injured Kharpat and Balli at the police station. The three injured were sent to the Madhuban Dispensary and their injuries were examined by Dr. Moti Lal Jaiswal on the same day between 5.30 P. M. to 7. P. M. Kharpat was thereafter transferred to the District Hospital, Azamgarh where he succumbed to his injuries at 9.45 a. m. on 9-4-1974. The inquest report was prepared by Radhey Shyam Dwivedi in the District Hospital. The dead body with necessary persons was sent for post mortem examination. The autopsy on the dead body of Kharpat was performed by Dr. G. N. Gupta at 5.45 P. M. on the same day. In the meantime, S. O. Madhu- ban, Shariful Hasan investigated the case and interrogated the witnesses and prepared a site plan. He submitted a charge-sheet against the appellants on 3-5-1974. On behalf of the prosecution, Ram Awadh Singh and Balli injured were examined as eye witnesses of the incident. They are P. Ws. 1 and 8 respectively. Ram Prasad Singh who scribed the first information report was examined as P. W. 7 and he proved that Ext. Ka-10 was written by him on the dictation of Patroo.
(3.) IT may be stated that Patroo was murdered on the night between 9/10th April, 1974 in the Baithak of one Komal Pathak in village Newada. Appellants Dal Singar, Birju, Ram Jatan and Ramayan were prosecuted in connection with the murder of Patroo but they were acquitted of the charge. The prosecution also examined Radhey Shyam Dwivedi (PW 2) who prepared the inquest report Ext. Ka-1 and related documents. Janardan Singh (PW 3) is the person who went with the injured from the police station to Madhuban Dispensary. Dr. G. N. Gupta was examined as PW 4 and he proved the autopsy report. Dr. M. L. Jaiswal proved the injury report of Kharpat, Patroo and Balli. The post mortem report is Ext. Ka-5 and the injury reports are Ext. Ka-7, Ka-8 and Ka-9. Other formal witnesses were also examined on behalf of the prosecution and it is not necessary to refer their names.;