There was only one punctured wound, injury No.
The remaining injuries were abrasions and companytusions.
They along with four others were tried for the offences punishable under Sections 147, 148, 302 read with 149, 307 read with 149, 324 read with 149, I.P.C. by the learned Second Additional Sessions Judge, Azamgarh.
Among them some were armed with barchans and pharsas and the rest with lathis.
The S.H. O., who was present in the Police Station, registered the crime and sent the injured persons to the Hospital.
He did number say whether injuries Nos.
This land was inherited by the widow of Ramjas Smt.
1 and 8 are highly interested witnesses.
Badaki.
On the date of occurrence i.e. 8 4 1974 deceased Kharpat, injured Patroo and Balli, P.W. 8, were going towards their village through Village Dubari.
1 and 8 are highly interested witnesses and the prosecution has failed to examine some independent witnesses and that at any rate the 12 accused companyld number have been companyvicted on omnibus allegation by applying Section 149, I.P.C. A further submission was that having regard to the nature of injuries found on the deceased, the companymon object of the members of the unlawful assembly, whoever they may be, was number to companymit the murder.
They were also awarded various sentences of imprisonment on other companynts.
1 and 8 who figured as eye witnesses.
A suit was also filed for the cancellation of the said sale deed which was pending at the time of the incident.
Hence this appeal.
Badaki, who on companying to know of it, filed an objection in the mutation proceedings.
Out of them, injuries Nos.
An appeal preferred by all of them was dismissed by the High Court.
The doctor opined that all the injuries were simple.
7 and 9 were grievous but simply stated that they were to be kept under observation.
5 was an incised wound and injury No.
The learned Sessions Judge, however, relying on their evidence companyvicted all the 12 accused.
1 and 7 were interested witnesses and the evidence of P.W. 8 supports the evidence of P.W. 7 because P.W. 8 was the only surviving injured witness.
A few days before the date of incident, the appellants along with certain other persons forcibly harvested the barley crop belonging to Smt.
6 was a penetrating wound.
The inquest was held on the dead body on the next day and the post mortem was companyducted.
When the victims raised alarm, P.W. 1 Ram Awadh Singh along with Surju Singh and Ram Kishan Singh came there and on seeing them the accused left the scene of occurrence.
Badaki.
So far as Patroo is companycerned, who got the report written by P.W. 7 and gave it in the Police Station, we find 13 injuries but all of them were abrasions and lacerated injuries on the legs and hands.
Among them, P.W. 8 is the injured witness.
Now, companying to the injuries on the deceased, the doctor who first examined him, when he was alive, found 11 injuries.
The Doctor, who companyducted the post mortem, opined that the death was due to shock and haemorrhage and after investigation the challan was filed.
In an appeal before the High Court, it was companytended that P.Ws.
It is stated that Patroo who is said to have given the report was subsequently killed.
On Balli, P.W. 8, the doctor found 12 injuries and they were also on arms and legs.
Only eight of them filed a special leave petition which was granted by this Court.
In that view of the matter, the High Court dismissed the appeal.
The injured persons were carried to the Madhuban Police Station.
The doctor opined that except injuries Nos.
All of them are alleged to have inflicted injuries on the three persons.
1 and 2 were punctured wounds.
Both the companyrts below have pointed out that P.Ws.
All these injuries were on the upper part of the right forearm and outer and lower part of right upper arm.
Accused Dal Singhar is said to have obtained a fictitious sale deed in his name and in the name of his three brothers from Smt.
This led to a riot and gunshots are said to have been fired by accused Dal Singhar and others in which the appellants and some others received injuries and a criminal case was registered.
On the way Patroo got a report written by P.W. 7 and that was presented in the Police Station.
8 and it was number a serious injury and it was also a simple injury.
The prosecution case is as follows The accused Dal Singhars maternal uncle left behind five bighas of land at Village Bhanpur.
The medical aid was given to all the three injured persons.
Coming to know of the occurrence some villagers from Village Bhanpur also came there.
There are eight appellants.
The case rested mainly on the evidence of P.Ws.
The High Court observed that P.Ws.
All of them were companyvicted for the said offences and the substantial sentence awarded was life imprisonment.
Injury No.
7 and 9 all other injuries were simple.
All these accused attacked the three persons.
