The injuries on P.Ws.
Some other persons also arrived at the scene but number examination of any of them does number detract from the value of the testimony of the eye witnesses namely P.Ws.
They are the second companysins of Ram Palat.
The two witnesses had gone to the Police Station at 1 30 p.m. Injury letters were given to them by the Head Constable Sukhdeo Pandey, P.W. 12 for going to Jehangirganj.
Viswanath then wanted to intervene.
They rushed to attack Ram Palat.
Evidence of Chandrama Singh, P.W. 11 Sub Inspector of Police to the effect that while passing that way he had seen people companylected in the disputed field doing some measurement companyld number be believed as in his report he had number stated that fact.
It is said Ram Anjore was present at the time of measurement and demarcation.
On 14 10 1967 in the morning, appellant Ram Anjore again ploughed one Gattha of land from the field of Ram Palat who objected to the same.
P.W. 9 Dr. B.K. Chakravarti, Medical Officer, In charge Tanda Dispensary, Faizabad did autopsy of dead body of Viswanath on 16 10 1967 at 3 00 p.m. His findings clearly showed that Viswa nath died as a result of the spear injury received by him.
When Raj Mangal intervened he too was attacked with lathis.
Faizabad, which was situated at a distance of about 12 miles from the Police Station examined the injuries on the person of Ram Palat and Raj Mangal on 16 10 1967 at 10 00 A.M. and 10 30 A.M. respectively.
Uprooted Jutti was found by the Investi gating Officer P.W. 13 in the field.
The enmity between the parties was admitted.
There was a long standing enmity between Ram Kumar and Ram Anjore on the one side and Ram Palat, P.W. 1 the first informant in the case on the other.
The disputed land is situated in village Phulwaria adjoining village Mathia.
Appellants Ram Anjore and Ram Kumar threatened P.W. Ram Palat holding the spear in their hands.
Ram Anjore and Ram Kumar were named but numberaction was taken on this report as it pertained to a number cognizable offence under Section 506 read with Section 352 of the Penal Code.
They have preferred this appeal by special leave of this Court.
On being asked by the Panches Ram Palat fixed Jutti roots of grass on the line which demarcated the field of Ram Anjore.
Separate sentences have been awarded on those companynts also but they have been directed to run companycurrently.
The occurrence is said to have taken place at about 10 00 A.M. on the 15th October, 1967 near the house of P.W. Raj Mangal in which Vishwanath, helper of Ram Palat was killed by a spear blow given by Ram Kumar and P.Ws.
He arrived there at 3 30 p.m. , prepared the Inquest Report of the dead body and started investigation.
The sentence imposed is one years rigorous imprisonment under each companynt with a direction that it shall run companycurrently.
When they reached at a distance of 15 to 20 paces numberth west of the house of P.W. Raj Mangal, appellant Ram Kumar armed with a spear, and the other appellants armed with lathis came up there from the side of the house of appellant Ram Dawan.
They did number admit that any incident had taken place on 14 10 1967.
The prosecution story as to the incident in the morning of 14th October appears to have been discarded on the ground that in the report Ext.
The appellants thought that he was the person who was playing the principal role in the dispute on the side of Ram Palat and so he should be murdered.
Ram Dhani and Balbhaddra Prasad Yadav was number reliable because as against the admitted position they said there was numberenmity between them and the appellants.
On alarm being raised by him, P.W. Raj Mangal came there.
They reprimanded the said two appellants and numberassault took place that day.
Real culprits were number known and the appellants were implicated out of enmity.
When assault start ed on the former, halla was raised, people started companying and on being intercepted the other appellants assaulted Raj Mangal, Ram Kumar thrust his spear in the abdomen of Viswanth.
There were discrepancies in evidence as to the details and order of assault, namely, who was assaulted by whom first and who was assaulted second and last.
Ka 4 the words the accused had spears were subsequently added with another pencil.
Appellant Ram Kumars appeal would also lie under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
According to the prosecution story, on 15 10 1967 Ram Palat called some panches to measure and demarcate the fields which had fallen to the shares of Ram Palat and Ram Anjore so that the dispute at the time of ploughing may number recur.
The High Court has pointed out that the discrepancies were of minor character and did number detract from the evidentiary value of the eye witnesses.
Ram Dhani, P.W. 4 is nephew of Ram Palat.
The scope and the power of the High Court in an appeal from the order of acquittal have been enunciated in several decisions of this Court.
He found 5 companytusions of different sizes on the person of Ram Palat, one swelling and 4 companytusions on the person of Raj Mangal.
Same of the reasons given by him were of such himsy character that they did number merit any companysideration in the Appellate Court.
Raj Mangal, P.W. 2, Parasnath Bharti, P.W. 3 are brothers.
P.W. 5 came to the disputed field and effected the measurement and demarcation thereof.
The proximate and immediate cause was measurement and demarcation of the fields of appellant Ram An jore and P.W Ram Palat in plot Nos.
According to them by the time their statements were recorded by the Investigating Officer it was dark.
The High Court has number accepted that the report Ext.
Dr. S.D. Priyadarshi, P.W. 10, Medical Officer, Dispensary Je hangirganj, Distt.
Ram Palat and Raj Mangal were assaulted with lathis by the other appellants.
In the division of the plot there was difference between appellant Ram Anjore and P.W. Ram Palat.
Ram Palat lodged a report at the Police Station at 10 25 A.M. on 14 10 1967.
A suggestion was thrown that Viswanath had been murdered sometime at 3 00 or 4 00 A.M. on the 15th October, 1967 because of his allegedly illicit companynection with the wife of P.W. Parasnath.
The appellants pleaded number guilty and asserted that they had been falsely implicated.
Ram Palat, Raj Mangal, Parasnath and Ram Dhani.
The judgment of acquittal on the facts and in the circumstances of the case was perverse and was aptly set aside by the High Court.
The companymon object of the unlawful assembly was to assault Ram Palat and Viswanath.
They, therefore, remained at the Police Station in the night and went to Jahangirganj Hospital on the 16th.
The genesis of the occurrence is said to be the long standing, enmity.
The CrPC by Section 423, has accorded parity to appeals against companyviction and appeals against acquittal the Code makes numberdistinction between the powers of the appellant companyrt in regard to the two categories of appeals and therefore the High Court has powers as full and wide in appeals against acquittal as in appeals against companyviction.
305/1 and 305/2 in the morning of the date of occurrence.
Copy of the said report is Ext.
The former is said to have ploughed a portion of the land belonging to the latter in the Asarh of 1957.
There was some discrepancy in the time of departure of the Investigating Officer P.W. 13 as numbered in the General Diary which was 5 00 p.m. and his actual departure being 7 00 p.m. as deposed by him.
the Police Station he took their statements and then proceeded to the village Mathia.
At about 10 00 A.M. Ram Palat accompanied by Viswanath left the field.
Ram An jore did number relish the decision arrived at by the Panches and went away enraged.
Sheo Shanker Singh, P.W. 13 the Station Officer was number present at the Station when the report was handed over at the Police Station.
Panches including Viswanath deceased, Parasnath, P.W. 3, Ram Dhani, P.W. 4, Bichai number examined , Sachcha Goshaim number examined and Balbhaddra Prasad Yadav.
Ram Palat was at tacked with lathis by three of the appellants.
Viswanath the deceased and others intervened.
This was preceded by some incident a day previous on the 14th.
The State filed appeal in the High Court of Judicature at Allahabad, Lucknow Bench.
L. Untwalia, J. The six appellants in this Criminal Appeal were acquitted by the Sessions Judge of Faizabad in U.P. of all the charges leveled against them.
P.W. Balbhaddra had stated that when he reached the spot after the occurrence, Viswanath had fallen numberth east of the door of Paras although according to the companysistent testimony of the other witnesses he had fallen numberth west.
The High Court has pointed out that the Sub Inspector numbered the time of departure as 5 00 p.m. for going to the village of occurrence but when he found Ram Palat and others present at.
He left for the place of occurrence at 7 00 p.m. the same evening and proceeded with the investigation on the spot, in the next morning.
It was number necessary for him to change the time of departure in the General Diary.
