- (1.) M. C. Jain, J. There are seven ap pellants, namely, Bhagone, Ratan Singh, Gaya Din, Kishore Singh, Pooran, Ram Dayal and Chandrabhan. They have preferred this appeal against the judgment and order dated 6th December, 1980, passed by Sri S. P. Lai, the then III Additional Ses sions Judge, Jalaun at Orai in Sessions Trial No. 60 of 1979. All of them have been con victed under Section 147,1. P. C. , 148,1. P. C. , 3071. P. C. read with Section 149,1. P. C. and 3021. P. C. read with Section 149,i. P. C. and sentenced to undergo one year's rigorous imprisonment, two years' rigorous im prisonment, ten years' rigorous imprison ment and life imprisonment for the aforesaid offences respectively.
(2.) THE incident occurred on 25-2-1978 at about 8 a. m. in village Amita, Police Station Ail. District Jalaua. THE report was made by Khachere PW 1 the same day at about 10. 30 a. m. THE distance of the Police Station from the place of occurrence was five kilometers. THE prosecution case was that the informant resided in village Amita and on the fateful day at about 8 a. m. he was preparing fodder for his cattle outside his house. THE appel lants Bhagone, Ram Dayal Gaya Din, Ratan Singh, Kishore Pooran and Chandra Bhan came over there armed with axes and lathis and questioned him as to why he had fixed a door-frame in the new wall Bhagone cried aloud hurling abuses that his door frame be displaced and thrown away. Ratan struck an axe blow on his neck. He raised shouts which attracted Dhan Singh, Ganga Prasad, Ram Charan and Shyam Lal. THEy intervened, Bhagone struck, an axe blow on the head of Dhan Singh as a result of which he sustained serious injuries. THE remaining accused (Appellants) caused injuries to Ganga also with axe and Dandas. THEy also dis placed and threw away his door frame and other materials. It was mentioned in the First Information Report that persons on his side also threw tiles in self defence, which might have hurt someone. Dhan Singh was first examined in District Hospital Orai on 25th February, 1978 at 12. 30 p. m. As per injury report Ex. Ka-11 he had sustained an incised wound 11 cm x 2 cm x brain deep on left parietal region. Brain matter was coming out of cranium mixed with blood. He was unconscious. Dhan Singh was taken to Lucknow and admitted to King George's Medical College, Lucknow on 28-2-1978 on reference by the Superintendent, Civil Hospital, and Orai. He died on 2-3-1978 at 8 a. m. Post-mortem over his dead body was conducted by Dr. R. B. Misra, P. W. 5 on 2-3-1978 at 4. 00 p. m. The following two ante- mortem injuries were found on his person: (1) Lacerated wound 3. 5 cm x 1 cm x bone deep on right side of head 6 cm above right eye brow, 10cm above right ear. (2) Incised wound curved 8 cm x 3 cm on bone deep 7cm above left ear 11 cm above left eye brow 2. 5 cm left and behind injury No. 1. The death had occurred due to coma as a result of the head injury. Conse quent upon his death, the case was con verted under Section 302,1. P. C. Injuries of two other persons, namely, Khachere PW 1 and Ganga PW 2 were also medically examined in District Hospital Orai on 25-2-1978 at 12. 40 p. m. and 12. 35 p. m. respec tively. Khachere PW 1 had sustained a lacerated wound 3 cm x 1-1/3 cm x scalp deep on left parietal region and another lacerated wound 3 cm x 1/4 cm x muscle deep on inner surface of upper part of the left leg. He had also sustained five other injuries in the form of contusions on dif ferent parts of his body. One of them was designated to be grievous which was a con tusion 6 cm x 3 cm on front of left shoulder with fracture of left clavicle. Ganga P W 2 had sustained a lacerated wound 4 cm x 1/3 cm x scalp deep on left parietal region another lacerated wound 3 cm x 1/3 cm x scalp deep on right parietal region, one contusion and one abrasion. All his in juries were simple and caused by blunt object.
(3.) IT appears that a cross First Infor mation Report Ex. Kha 5 was lodged by Bhagone accused on 25-2- 1978 itself in which Khachere PW 1, Dhan Singh, Bal Ram, Raghuraj, Shyam Lal, Ganga Prasad, Ram Charan and Jiya Lal were named as accused. The counter version was that on the fateful day at about 8 or 8. 30 a. m. Khachere PW 1 and Balram were displac ing the bricks of his wall and were throwing the same. When he questioned them, they along with others named above attacked with axes. On his shouts Kishore, Chandra Bhan, Ram Dayal, Bharose and Ram Gopal rushed and intervened, but injuries were caused to Ratan Singh, Chandra Bhan, Bhagone and Kishore by the above named persons by axes and lathis. As Ratan had sustained serious injuries, he had directly been taken to the hospital by the villagers. To be short, Ratan Singh, Chandra Bhan, Bhagone and Kishore accused are also the injured. Their injury reports are Ex. Kha 1 to Kha 4 respectively. They had been examined on 26-2-1978 at 11 a. m. , 25- 2-1978 at 7. 20 P. M. 25-2-1978 at 7. 35 p. m. and 25-2-1978 at 7 p. m. respectively. Ratan Singh had sustained in all six in juries out of which five were contusions and one abrasion. Chandra Bhan had sus tained an incised wound 1" x 1/10" x skin deep at frontal parietal bone of the scalp on the right side besides one abrasion and one contusion. Incised wound had been caused by sharp edged weapon and remaining injuries were caused by blunt object. Bhagone had sustained three con tusions and all his injuries were simple. Kishore had sustained five injuries out of which one was incised wound 2" x 1/4" x skin deep at the parietal bone of the head on the left side 3" away from the left ear edge. Another was lacerated wound 1-1/2" x 1/4" skin deep on the frontal bone of scalp 2-1/2 away from injury No. l. Remaining injuries were contusions. Incised wound had been caused by sharp edged weapon whereas the remaining injuries had been caused by blunt object.;