Sahdev and other persons ran towards him for his rescue and when they had been running to save their lives, they heard a sound of gun fire from behind.
Large vessels Injuries on both sides ruptured in neck.
above ear.
FINDINGS OF TRIAL COURT Kunwar Prahlad Singh accused had enough cause of grievance against Laxmi Shanker Srivastava P.W.3 and Dinesh Kumar Srivastava P.W.1.
Responding thereto Jitendra fired a shot at Nanhe.
From the medico legal evidence, it appears that he received a lacerated wound 6 cm x cm x bone deep on the top of skull, 12.5 cm above nasion and he had a fracture on the outer side of forearm 2 cm above wrist joint and abrasion on the front of left leg 10 cm above ankle.
On the said day at about 12 numbern, Khuddey, PW 4 while going to the flour mill found the Appellants herein removing the wood.
Shashi Kant accused gave the second lathi blow on his wrist.
Two persons on the side of the accused, viz.,
FIRs RELATING TO INCIDENT On the Basant Panchami day, the villagers allegedly fixed Dhah as a symbol of Holi on the said plot and started companylecting fuel wood thereupon.
There is numberreason to differ therewith.
The accused Jitendra armed with a gun and the remaining accused armed with lathis were present.
When they were returning, Dinesh Kumar came on his motorcycle with a child.
The companyplainant and others who were accused in the companynter FIR have been acquitted and the judgment of acquittal has been affirmed upto this Court.
A First Information Report was also lodged by Kunwar Prahlad Singh Srivastava Accused No.1 at about 4.30 p.m. against Shahjadey, Bansidhar, Khuddey Chamar, Nanhe Chamar, Hira Passy, Shabbir and Laxmi Shankar purported to be for companymission of an offence under Section 147/323/352 of the Indian Penal Code alleging that Dinesh Kumar under the pretext of performing Holika Dahan placed some waste wood at Plot No.
Prahlad Singh tried to escape by running away from the scene of occurrence but from one side, Dinesh Kumar aimed his gun at Prahlad Singh and from the other side, the brother of Khuddey namely Nanhe companyfronted him.
399 in dispute and the same had also been proved by the Khasra entries for the period preceding the date of occurrence, and such khasra entries show the crop also of Kunwar Prahlad Singh accused in the plot in dispute.
Blackening and tattooing present searching sic present.
Near the Hata of Pran, Laxmi Shankar Srivastava PW 3 , Sahjadey Jeevanlal PW 2 Shabbir and other persons of the village arrived.
The injured Rajesh however first went to Samalkha Police Station to lodge the FIR.
Appeal No.
Laryex, Trachea and Broachi Trachea and larvex ruptured at places 4 pallets recovered.
Though Yogesh had succumbed to his injuries there, his body was taken to the Local Primary Health Centre, where the injured Dinesh Chander, Suraj Bhan and Lachhi Ram were removed for treatment.
Triloki Nath, Sahdev suffered lacerated wound on their heads.
Laxmi Shankar Srivastava at the time of incident was about 74 75 years old.
399, which is said to be a banjar land.
He fell down and died.
Laxmi Shankar Srivastava PW 3 was also an injured witness.
Triloki Nath exhorted his companypanions saying Maro Sale Ko whereupon Gopal hurled a lathi blow on PW 3s head.
Khuddey, PW 4, servant of Laxmi Shankar Srivastava, allegedly forbade them from doing so whereupon he was chased.
The Appellants at numberstage disputed the companyrectness or otherwise of the autopsy report in respect of the deceased Nanhe and injuries sustained by Laxmi Shankar Srivastava and Sahjadey The relevant portion of the autopsy report reads as under Multiple fire arm wounds of entry, in an area of 10 cm x 7 cm on the front of neck and upper part of chest in middle, smallest being 2/10 cm x 2/10 cm and biggest being cm x cm.
1 and 4 wielded lathi in their defence and a free fight ensued.
Petitioner No.
There are two factions in the village.
Undisputedly Kunwar Prahlad Singh accused had his possession over plot No.
Both PWs 3 and 4 were eye witnesses.
Nanhe died out of a gun shot injury.
Their presence at the place of occurrence, therefore, cannot be disbelieved.
Having regard to the nature of injuries suffered by Laxmi Shankar Srivastava, a companycurrent finding of fact has been arrived at that the Appellants had an intention to murder him.
The companyplainants were piling up wood on the occasion of Holi which was removed by the accused persons.
Thus, the defence case that the accused Triloki and Sahdeo had also received injuries in the same occurrence is also proved beyond doubt.
On the way, Khuddey Chamar, Nanhe Chamar, Hira Passi, Shabbir, etc.
All the five accused persons and Lachhi Ram also assaulted Dinesh Chander and Suraj Bhan causing injuries on their person.
Laxmi Shankar Srivastava allegedly had asked the accused as to why they have been chasing his servant.
Chhanga and Krishna assaulted Sahjadey.
He thereafter raised hue and cry which attracted Nanhe the deceased , and others.
Kunwar Prahlad Singh and Sahdev also assaulted him with lathis.
Abrasion, 1 cm x 1.5 cm on the front of left knee.
Injuries said to have been suffered by Sahjadey, as would appear from the medical report proved by PW 5 are as under Lacerated wound 5 cm x 1 cm x Bone deep on the right side, 7 cm.
Criminal Appeal Nos.1173, 1172 and 1173 of 2004 are respectively by Kunwar Prahald Singh Accused No.1 , Jitendra alias Mister Accused No.2 and Gopal Accused No.3 .
He went to the said plot along with his sons Mister alias Jitendra and Gopal at about 11 a.m. and removed the said waste wood from his land.
Injuries suffered by Sahdev are as under Lacerated wound, 2.5 cm x cm x scalp deep, 3 cm behind left ear.
BACKGROUND FACT The residents of village Devanand Pur had been performing Holika Dehan for a long time on Plot No.
Right Lung Ruptured at apex companytains haematones 3 pallets recovered Left Lung Ruptured atapex companytains haematomes 3 pallets recovered.
One of the eight accused namely, Chhanga has number filed any appeal.
A First Information Report was lodged by Dinesh Kumar Srivastava PW 1 at about 2 p.m. on the same day.
Khuddey PW 4 is said to have hurled lathi blow in defence of Laxmi Shankar Srivastava PW 3 .
The accused persons attacked Triloki.
Prahlad Singh sat down to avoid the bullet fearing a shot from the gun of Dinesh Kumar and the bullet fired by Dinesh Kumar hit Nanhe and Nanhe died on the spot.
In the meantime Krishna Devi PW 14 , mother of Rajesh, had also reached the spot.
INJURIES ON THE ACCUSED Injuries suffered by Triloki Nath in the said incident are as under Lacerated wound, 6 cm x cm x scalp deep on the left side of scalp, 6 cm above ear.
He allegedly stopped his motorcycle and called his servant as also Shahjaddey and Bansi Brahman and exhorted Jane na paye, mar pit low whereupon they ran towards their house.
Criminal Appeal No.1150 of 2004 is by Triloki Nath, Krishna Chandra Singh, Shashi Kant and Sahdev Accused Nos.6, 5, 7 and 8 respectively .
Thereafter the five accused persons ran away with their weapons.
He tried to enclose the said plot by a Mend Fence .
WITH CRIMINAL APPEAL NOs.
Appeal No.668 of 1981 were taken up for hearing together and are being disposed of by this companymon judgment.
Nanhe raised alarm saying that Lala thereby meaning Laxmi Shankar Srivastava was being killed whereupon Triloki Nath exhorted Jitendra asking him to kill him as he professes himself to be a great helper of Laxmi Shankar.
ANALYSIS The submissions of the learned companynsel for the parties are required to be companysidered in the backdrop of the aforementioned admitted facts.
On hearing the alarms raised by him when Rajesh PW 13 , his father Dinesh Chander, and his grandfather Suraj Bhan came forward to his rescue, Subhash, Lachhi Ram and Suresh, assaulted Rajesh with their knives.
Abraded companytusion, 6 cm x 3 cm on the back of right shoulder.
660 of 1981 and Crl.
ADMITTED FACTS The admitted facts are That the plot in dispute was in possession of accused Kunwar Prahlad Singh.
Laxmi Shankar Srivastava and Sahjadey also suffered lacerated wounds on their heads.
Kunwar Prahlad Singh became the owner of the said plot.
An objection thereto was raised by the villagers including Laxmi Shankar Srivastava PW 3 a companyplaint wherefor was made pursuant whereto an intervention was made by the police.
Both of them, even according to the Appellants, were present at the time of occurrence.
Jugular weni on L side ruptured 5 pellets recovered.
The said injuries were simple ones.
came from the side of the east and south and surrounded him.
1171, 1172 and 1173 OF 2004 B. SINHA, J These appeals arising out of a companymon judgment and order dated 22nd April, 2004 passed by the High Court of Judicature at Allahabad in Crl.
Even in the first information report lodged by Kunwar Prahlad Singh both of them had been named.
399 and kept on adding thereto.
