- (1.) MADAN Mohan Lal, J. This is an appeal against the judgment and order dated 28-1-178 passed by Sri Radhey Krishna Agarwal, the then IV Additional District and Sessions Judge, Saharanpar by which he has convicted Hirday Ram under Sections 325/34 and 34. I. P. C and Kalam Singh, Baljor Singh and Kahal Singh under Sections 325/34, J. P. C. and 324/34, I. P C and has sentenced Hirday Ram to four years' R. I, under Sections 325/34 and two years' R. I, under Sections 324, I. P. C. and has sentenced the remaining three appellants to four years' R. I. under Sections 325/34, I. P. C. and two years' R. I. under Sections 324/34 I. P. C. respectively.
(2.) THE appellants had also been charged under Sections 302/34. I. P. C. . but the learned trial court has acquitted them of the same. THE said acquittal has been challenged in Criminal Revision No, 815 of 1978, which has also been taken for disposal together with this appeal. The parties are residents of the same village i. e. Village Gangdaspur, Police Station Deoband, District Saharaopur. Appellant Hirday Ram is the father of Kalian Singh and Baljor Singh appellants. Kabal Singh appellant is said to be their servant. Plot Nos. 1160 to H 67 and 1171 belong to appellant Hirday Ram. Towards south of the said plots there was a 'gul' i. e. a water channal, and towards further south there were some plots belonging to Shayam Singh deceased. From the said Gul Shyam Singh deceased used to irrigate his field. The Investigating Officer has vividly shown udomograph in the site-plan prepared by him. According to the case of the prosecution, on 11-5-1977 at about 7. 30 a. m. when deceased Shy am Singh and his brother P. W. 2 Isam Singh injured were driving a cultivator in their field Hirday Ram s appellant, armed with a spear, and the remaining three appellants, armed with lathis, came there and they stalled demolishing the aforesaid Gui. On the same Shyam Singh deceased and Ishan Singh raised as objection. The appellants instead of paying any heed to the same chased Shyam Singh and Isam Singh,, who ran for their lives towards east. The appellants ultimately surrounded Shyam Singh and Isam Singh in the nearby field of Hukarna and attacked them with their arms as a result of which they sustained injuries, Shyam Singh fell down unconscious at the spot.
(3.) AS a Ram P. W. 1 father of Shiyarn Singh, rushed to the spot when he heard about the incident and cook his two injured sons to Government Hospital at Deoband on a tractor and got them medically examined. It may be noted that Shyam Singh succumbed to the injuries on 20-5-77 at 4. 45 p. m. Asa Ram, informant, lodged the report of the incident at Police Station Deoband, situated at a distance of five miles on the same date at 11. 40 a. m.;