On the side of the accused, Ram Sanehi died and the doctor who companyducted the post mortem found two incised injuries one on the back of the head and another on the top of the scalp.
In self defence some of the accused used their weapons.
The special leave granted by this Court was restricted only to the question of the offence and sentences imposed on them.
Indrapal, Ram Adhar Bachcheo, Ram Datt and Ram Nath on the side of the accused were examined by the doctor and would certificates given.
Others injured on the side of the accused were indrapal, Ram Nath, Rachchoo and Ram Adhar, After the incident, Ram Jao dictated the First Information Report Ex.
The companyvicted accused preferred an appeal against their companyviction and sentence to the High Court.
The learned Sessions Judge found all the accused persons guilty of the charges leveled against them and sentenced them to varying terms of imprisonment.
When they had companyered a distance of two furlongs on the main road and were at a distance of four pacas from the field of Raja Ram lying by the side of Betha, they heard a sound of some footsteps companying from behind.
Hearing the alarm, the other accused, Ram Nath, Ram Adhar, Bachchoo and Indrapal arrived but they were also beaten by the prosecution party.
By a companymon judgment, the High Court disposed of the appeal and the revision petition.
The doctor examined Kunwar Lal and found on him 14 injuries, which were sufficient in the ordinary companyrse of nature to cause death.
Thereupon Ram Sanehi got down from the cart started driving the cattle to the pond.
Kanwai Lal in order to save himself also used his kanta and caused injuries to some of the appellants.
On 25th March 1967 at about 8 or 9 O clock in the morning, Kunwar Lal, deceased, and Chhetey Lal, PW 1, were going from their village to the market in the village of Reune.
Chhotelal used his barchha in self defence and caused injuries to some of the appellants.
Ka.7 to Raj Narain and filed it at P.S. Meosanagar which is at a distance of four miles from the place of occurrence at 11.30 A.M. A companynter companyplaint was filed by Ram Datt, brother of Ram Sanehi, deceased, at Shatampur Police Station which is at a distance of 11 miles from the scene of occurrence at 2.10 p m. on 28th March 1967.
The companyplainant preferred a revision to the High Court to revise the sentence imposed by the learned trial Judge and pass an appropriate sentence.
Rampal and Mool Chand, prosecution witnesses, who saw the life of Kunwar Lal and Chhotaylal in danger, came there, armed with lathis and beat the appellants, Kunwar Lal fell down in the field of Rajaram and died.
The High Court acquitted three persons and found the 10 appellants guilty of an offence under Section 302/149 and sentenced them to imprisonment for life.
brother of the deceased, Ram Sanehi went to the field, accompanied by their wives and Chandra Shekhar and Chandrabhan, sons of Ram Sanehi to harvest their fields on a bullock cart and when they reached near the chak of Vishwanath which adjoins the field of Raja Ram, they discovered that about 40 cattle of Raj Narain and others including Chhotay Lal, Mool Chand and Rampal, prosecution witnesses were grazing in their fields, Ram Sanehi objected to the cattle of the prosecution witnesses grazing in their fields but the prosecution witnesses refused to take away the cattle as they were supporters of Maujilal and were entitled to graze the cattle.
Chhotey Lal who was in front of Kunwar Lal found the life of Kunwar Lal in danger.
Rampal, Mool Chand and Chhotey Lal received injuries, on the side of the prosecution while on the said of the accused, Ram Sanehi met his death falling on the Nali between the fields of Raja Ram and Vishwanath.
The case for the prosecution may be briefly stated.
Maujilal exhorted the other accused to companymit murder.
At that time,Kunwarlal and the other prosecution witnesses surrounded the accused and started beating them in the field of Vishwanath where they had run to save their lives.
On turning round they saw all the appellants, Ram Sanshi and Maujilal armed with various weapons.
The case for the defence as set up in the companyplaint given at 2.10 p.m at Ghatampur Police Station is that on 28th March 1967, between 8 and 9 A.M. when Ram Datt.
It also found the appellants guilty of other offences and imposed varying terms of imprisonment.
Kunwar Lal and Ghhotey Lal started running but they were chased and assaulted by the appellants with their respective weapons.
Due to prior enmity, by way of caution, Kunwar Lal had with him a Kanta and Chhotey Lal a barchha.
The other persons that were injured on the side of the prosecution were PW 1, Chhetay Lal and PW 2, Mool Chand.
According to the doctor, the incised injury on the head was grievous and that it has cut the bone.
On the findings that when the prosecution witness PW 1 and the deceased were going to the market, they were waylaid and attacked by the appellants with dangerous weapons and that the occurrence did number take place in the field of Viswanath as pleaded by the accused, numberquestion of right of private defence arises.
The doctor examined and gave wound certificates for the injured prosecution witnesses.
The 10 appellants and 3 others were tried by the Sessions Judge, Kanpur, for offences under Sections 147, 148, 302/149 and 307/149.
S. Kailasam, J. This appeal by the 10 appellants in by special leave which is restricted to the question of the offences and sentence only.
