M.M.Gupta - (1.) CRIMINAL Appeal No. 2064 of 1974 has been filed by Brahm Pal and Pyare. CRIMINAL Appeal No. 2003 of 1974 has been filed by Ram Pal, Subedar, Hariom and Vikram and CRIMINAL Appeal No. 2096 of 1974 has been filed by Puttoo. Among these appellants Puttoo and Brahmapal were convicted under Sec. 148 IPC and sentenced to two years rigorous imprisonment. Rest of the appellants were convicted under Section 148, Section 304 Part I and under Section 324 read with Section 149 IPC. Under Section 148 they have been sentenced to undergo rigorous imprisonment for two years. Under Section 304 Part I they have been sentenced to undergo rigorous imprisonment for seven years and under Section 326/ 149 they have been sentenced to undergo rigorous imprisonment for three years.
(2.) IT is stated that there was a long standing enmity between the appellants on the one hand and the complainant and the injured on the other. There was a series of litigation between them and proceedings under Section 107 CrPC were also taken against both the parties. It is stated that on 20th October, 1973, Rampal and Ram Das appellants were carrying paddy in bullock carts. When the bullock carts reached near the chabutra of the complainant Lochan the bullock carts of Rampal and Ram Das dashed against the bullock cart of Lochan. Lochan protested against it. In the meantime Ram Das and Rampal appellants proceeded to cause him injuries. In the meantime his cousin Dambar came to save him but he was given lathi blows by Ram Pal and Ram Dass appellants. On his raising an alarm Laik, Kanhai, Vishnu and Ram Sahai came. Thereupon Ram Das and Rampal rushed towards their houses and went away saying that they would set them right. Shortly afterwards Ram Das with a lathi and Rampal with a pistol, Putto with a spear, Jwala and Ram Pyare with lathis, Subedar, Hariom and Vikram came out with their licensed guns. Besides them Brahma Pal with his gun and Pyare with a pistol also came near the chabutra. Ram Dass and Rampal shouted that the Kisan should be set right. Thereafter they started causing them injuries. They also fired their guns and pistols. In the course of the occurrence Kanhai, Ram Sahai and Vishnu tried to save the persons on their side. Chhokey came out of the house. Chhokey and Kanhai fell down on the spot. In the meantime Smt. Katori and Smt. Champa also came out to save them. They were also injured. Chhokey among them died on the spot. Kanhai, Vishnu, Lalk, Dambar, Ram Sahai and Katori also received injuries. Lochan proceeded to the police station Musajhag and lodged the first information report at 8.05 P. M. on 20- 10-1973. Sri Surendra Nath Singh, S. I. was present at the police station at the time the report was lodged. He commenced the investigation by recording the statement of Lochan. He reached the scene of occurrence at about 12 in the night and recorded the statements of the injured on the scene of occurrence. The condition of Kandhai was serious. His statement, therefore, could not be recorded. He, however, recorded the statement of Laik and Vishnu. He also took the blood stained clothes of the injured in his possession and prepared their memorandum. The injured including Kandhai were sent for medical examination. He also found the dead body of Chhokey on the scene of occurrence. He prepared its inquest report and diagram of the body. After sealing it, it was sent for post mortem. The injured of the case including Kandhai who were unconscious were sent for medical examination to District Hospital, Budaun where the injuries of Kandhai were examined at 8.15 A. M. on 21- 10-1973 by Dr. B. K. Chopra. He found on his person the following injuries:-
(3.) ON the person of Vishnu who was examined at 9 A. M. he found the following injuries:- The injuries on the person of Ram Sahai who was examined at 8.30 A. M. on 21-10-1973 were as follows :- All the injuries were simple except injury no. 7. Injury 5 was caused by some sharp object. Rest of the injuries were caused by some blunt object. Duration was about 18 hours.;