- (1.) These are two connected appeals against the judgment and order dated 20-6-1980 passed by Sri V. V. Singh, the then IVth Additional Sessions Judge, Aligarh in S. T. No. 57 of 1977 State v. Sahab Singh and S. T. No. 88 of 1987 State v. Rajendra and others, whereby he convicted Rajendra Singh accused-appellant of the offence under Section 395 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of three years and further convicted him of the offence under Section 384 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and convicted the accused-appellants Jaihendra Singh, Karey Singh, Bhagwan Singh, Kamal Singh and Zafar Uddin alias Zafar of the offence under Section 395 I.P.C. and sentenced each one of them to undergo rigorous imprisonment for a period of 3 years and further convicted them of the offence under Section 384/34 I.P.C. and sentenced each one of them to undergo rigorous imprisonment for a period of one year. Both the sentences were made concurrent in the case of each accused.
(2.) The prosecution story is as follows : There was a dispute about some land between Rajendra Singh accused appellant and the informant Misri Lal. Litigation was also pending and there was acute enmity. One Amar Singh tried to get the dispute compromised. On 14-10-1975, Rajendra Singh accused appellant came to the house of Misri Lal informant along with Ram Kumar Pachauri and informed that Amar Singh has called him for conciliation talks on 17-10-1975. On 17-10-1975 Misri Lal informant along with his son Umesh Chandra injured went to village Barhesara where Amar Singh resided. When they reached Barhesara, Amar Singh informed that he had no time for these talks on that date and had also intimated Rajendra Singh accused appellant not to come. Thereupon, Misri lal informant and Umesh Chandra injured started back for their village on their bicycles. When they reached near the boundary of village Beelpura and Barhesara at about 11 a.m., 12 or 13 persons came out of the plot adjoining the rasta. Of these Jaihendra and Karey Faquir accused had country made pistols with them while Rajendra Singh accused had a knife, Kamal accused had a spear and Zafar, Karey Jath, Bhagwan Singh and other accused had lathis with them. The accused surrounded the informant Misri Lal and his son Umesh Chandra injured and forced them to come down from the bicycles. Rajendra Singh accused threatened them with a knife and asked Misri Lal informant to put thumb impression on two blank stamp papers. When Misri Lal informant refused, Karey Faquir fired a shot at Misri Lal informant, which, however did not hit Misri Lal informant. When Jaihendra Singh aroused attempted to fire shot on Misri Lal informant Umesh Chandra injured snatched the knife wielded by Rajendra Singh accused, Umesh Chandra attacked Jaihendra accused with this knife; thereupon all the accused attacked the two victims and caused them injuries. The victims raised alarm. Maharaj Singh resident of Vijauli was on that day coming to his village. Brahma Deo along with Munshi and Allahnur were going to Barhesara. They as also other persons of the neighbourhood reached the place of the occurrence and saw the accused causing injuries to Misri Lal informant and Umesh injured. When they tried to intervene the accused threatened them with dire consequences. After the two victims fell down, Rajendra Singh accused obtained the thumb impressionsof Misri lal informant on two blank stamp papers. The accused also took the two bicycles, a wrist watch of Umesh injured, Jhola and Rs. 25.00 in cash from the victims and went away. Witnesses approached the victims. Maharaj Singh proceeded to village Vijauli and gave information of the incident to Jai Prakash, brother of Misri Lal informant and other relatives. Meanwhile the villagers of Beelpura took the two injured on a bullock-cart to Bijauli. On the way to Bijauli, Jai Prakash met them. At Bijauli, Misri Lal informant dictated the written F.I.R. Ex. Ka-1 to Sri Jai Prakash and then went to the police station Dadon and lodged it there at 3-15 P.M. the same day.
(3.) The medical examination of Misri Lal injured was made by Dr. B. Singh Dhariwal on 17-10-1975 at 4.15 p.m. at Zila Parishad Dispensary, Badon. He found the following injuries on his person :1. Lacerated wound 1" x 1/6" x scalp deep on the outer of forehead 5.5" above from the left ear.2. Incised wound 1.5" x 1/6" x muscle deep on the left side of face 1/4" below from outer corner of the left eye - Wound was comma shaped.3. Lacerated wound 1/2" x 1/4" x muscle deep with traumatic swelling on the left ear in between pinna and ear lobule.;