The four accused thereafter came to this Court by special leave.
At the trial the plea of the appellants was that a she buffalo belonging to Seru had trespassed into the field of Shri Kishun accused.
Ecchymosis on right upper and lower eye lid 1/2 x 3/4.
Five injuries were caused to Seru.
Post mortem examination on the dead body of Seru was performed by Dr. C. D. Agarwal on February 14, 1964.
Seru deceased and Sadaphal PW on companying to know of the aforesaid scuffle went to Shri Kishuns Khalihan and stopped the scuffle.
Nandlal then began to weep and went to his house.
The party then went to police station Beoria where first information report was lodged by Sadaphal PW at 7.05 p.m. the same evening.
Sadaphal PW carried Seru on a company to police station Deoria.
The prosecution case is that on February 13, 1964 about half an hour before sunset Bhagwati PW 3 , who is aged about 11, and his sisters son Kolahal were playing guchhi a game played with paisa in the Khalihan of Shri Kishun accused.
Evidence was led in defence to show that Jattan accused on being examined on February 18, 1964 was found to have two injuries on his person.
Apart from the one injury on the head, which proved fatal, the other injuries were number of a very serious nature.
Jattan accused caught hold of the she buffalo and was taking it to the cattle pond when Seru and Sadaphal made an effort to snatch The she buffalo.
On alarm having been raised by Jattan, Jai Shri reached there and both of them used their lathis in self defence.
They also assaulted Jattan with latbis.
Appeal by special leave from the judgment and order dated December 15, 1967 of the Allahabad High Court in Criminal Appeal No.
The leave was, however, limited to the question whether the offence disclosed was murder or culpable homicide number amounting to murder or some lesser offence.
Ram Bali and Jattan accused are brothers.
273 of 1968.
A scuffle then took place between Nandlal and Bhagwati.
On alarm being raised, Sada Shiva PW 4 and Bajaram PW 5 reached there, whereupon the accused run away.
Seru and Sadaphal were then directed to go to the hospital for medical examination.
There was numberprevious enmity between the accused appellants on the one hand and Seru deceased and Sadaphal PW on he other.
They then left for their houses.
The accused protested against the beating given to Shri Kishuns son Nandlal and at the same time, belaboured Seru and Sadaphal.
On the way Seru was put in a riksha.
Seru, Sadaphal, Bhagwati and Kolahal made a search for the paisa which had been thrown away by Nandlal but companyld number find it.
Interrupted abraison 2 X 3/4 front of right leg.
Nandlal, son of Shri Kishun, came there and protested against the playing, of the game of guchhi in his Khalihan, Nandlal also threw away in a neighboring field the paisa with which the game was being played.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Likewise, Shri Kishun and Jai Shri accused are brothers and are the nephew of Ram Bali and Jattan.
Contused wound I X 1/2 bone, front of right leg middle.
Seru on receipt of injuries fell down on the ground and became unconscious.
On appeal the High Court of Allahabad affirmed the order of the trial companyrt.
Seru, however, died on the way.
B. Datar, for the appellants P. Rana, for the respondent.
478 of 1965.
The sentences in the case of each accused were ordered to run companycurrently.
The Judgment of the Court was delivered by Khanna, J. Shri Kishun, Ram Bali, Jai Shri and Jattan were companyvicted by learned Sessions Judge Ballia under section 302 read with section 34 Indian Penal Code for causing the death of Seru aged 45 and under section 323 read with section 34 Indian Penal Code for causing injuries to Sadaphal PW 2 , and were sentenced to undergo imprisonment for life on the former companynt and rigorous imprisonment for a period of one year on the latter companynt.
When they reached in front of the house of one Suraj Mal, the four accused, who were armed with lathes, accosted them.
The occurrence was the off shoot of a rifling incident in the nature of a scuffle between two urchins.
Sadaphal PW on examination by Dr. Nagrath was found to have seven simple injuries caused with blunt weapon like lathi.
Swelling on left temporal region 2 1/2 X 2.
Death was due to shock and haemorrhage as a result of the head injury.
The following five injuries were found on the body of Seru Contused wound 1X 1/2 bone on top of head with swelling on the forehead.
