B.N.Katju, J. - (1.) BHARAT Singh, Subedar Singh, Phool Singh, Shankar Singh, Ram Sanehi and Hori Lal have filed this appeal against the judgment of II Civil and Sessions Judge, Etawah dated 8-1- 1974 passed in Sessions Trial No. 19 of 1973. Ram Sanehi appellant has been convicted u/Ss. 302, 307/149, 323/149 and 148 IPC and has been sentenced to inprisonment for life, four years RI, four months RI and two years RI respectively. Hori Lal appellant has been convicted under Section 302/149, 307, 323/149 and 148 IPC and has been sentenced to imprisonment for life, five years RI, four months RI and two years RI respectively. The remaining appellants, namely, BHARAT Singh, Phool Singh, Subedar Singh and Shanker Singh, have been convicted under Sections 302/149, 307/ 149, 323/149 and 147 IPC and have been sentenced to imprisonment for life, four years RI, four months RI and 1-1/2 years RI respectively. All the sentences have been ordered to mm concurrently.
(2.) SUBEDAR Singh, Phool Singh, Shanker Singh, Ram Sanehi and Hori Lal appellants are the sons of Bharat Singh appellant. Sheodan Singh co- accused is the nephew of Bharat Singh appellant. All the appellants and Sheodan Singh co-accused are residents of village Nagla Pokhi. Chandrapal (PW 1) and Netrapal (PW 2) are the sons of Dhakan Singh. Bhoop Singh (deceased) was also a son of Dhakan Singh. Chandrapal (PW 1) and Netrapal (PW 2) are residents of village Bania Dhera and Bhoop Singh (deceased) also resided in that village. The distance between village Bania Dhera and village Nagla Pokhi is about 2-1/2 furlongs. The case of the prosecution is that on 19-10-1971 at about 10 AM when Netrapal (PW 2) and Bhoop Singh (deceased) went to their field in Ratia Har situated at a distance of about two furlongs from village Bania Dhera and village Nagla Pokhi in order to cut fodder, they found the cattle of the appellants grazing their field. They rounded them up and began to take them to the cattle pound in Patiali. In the meantime Chandrapal (PW 1), Baljit (PW 3) and Kaptan also came there and assisted them. When the cattle reached the Tiraha they bolted and ran towards Nagla Pokhi. The aforesaid persons, however, followed them and after the cattle reached Nagla Pokhi they again rounded them up. When Sheodan Singh co-accused and Bharat Singh appellant asked them why they were rounding up their cattle they replied that the cattle had damaged their field and they would take them to the cattle-pound. Sheodan Singh co-accused and Bharat Singh appellant then told them that they would not allow them to do so and an exchange of abuses thereafter took place between them and Bharat Singh appellant and Sheodan Singh co- accused told the other appellants to bring their guns. In the meantime Raghubir Singh, Himmat Pal Singh, Jagan Jatav and Kaptan Singh also came there. Phool Singh, Subedar Singh and Shankar Singh appellants then brought their lathis and Hori Lal appellant brought the unlicensed gun and Ram Sanehi apppellant brought the licensed gun of his father and Phool Singh Shanker Singh and Subedar Singh appellants assaulted Netrapal (PW 2) with their lathis. Thereafter on the instigation of Bharat Singh appellant and Sheodan Singh co-accused Ram Sanehi appellant fired at Bhoop Singh (deceased) as a result of which he received gun shot injuries and Hori Lal appellant fired twice causing gun shot injuries to Netrapal (PW 2), Baljit (PW 3) and Kaptan. All the appellants and Sheodan Singh co-accused then ran away. The first information report was scribed by Himmat Singh at the dictation of Chandrapal (PW 1) and was lodged by Chandrapal (PW 1) at PS Patiali at 5-30 PM on the same day (19-10-1971).
(3.) THE injuries of Baljit (PW 3), Kaptan and Netrapal (PW 2) were examined by Dr. C.K. Sharma on 20-10- 1971 at 12-30 PM, 12-45 PM and 1 PM respectively and the undermentioned injuries were found on their persons : All the injuries were caused by firearms and were about one day old.;