They were further companyvicted of offences Under Sections 324, 323 read with 34 Indian Penal Code and each of them sentenced to Rigorous imprisonment for one year and six months respectively under the two companynts.
At that time Sohanlal was armed with a lathi, Jiwan with a Suja and Janki with spear.
One punctured wound was on the right cheek 1/2 away from the angle of mouth and another 1/4x 1/2x 1/2 at the back of left forearm 2 below the elbow joint.
Accused Janki was arrested on 15 1 65 while Jiwan surrendered to the A.D.M. Rampur on 22 2 65.
The defence of Sohanlal is that at about 1 p.m. on 14 1 65 Makhan Chunni and Jhanjan and one Pyare and Punni were bringing his sister Chameli Who was married to Makhan about 3 years ago, from his house that at that time he along with his brother Babu and Janki were bringing sugarcane in a bullockcart and that when he asked Makhan why he had brought his sister in his absence from his house, Makhan retorted that she was his wife.
A year before the incident, she went to her parents house and lived with her father and brother Sohanlal in his village Hardua and did number return to her husbands, village because of misunderstandings between herself and her husband.
Makhanlal P.W. 1, Jiwan and Janki accused 2 and 3 in the Trial Court were all residents of the Village Kapnairi It is admitted that Makhan was married to Chameli D.W. 3 about 4 or 5 years prior to the incident and she began to live with him from about 2 3 years during which period it is alleged she developed illicit relations with Jiwan.
When he remonstrated Chunni gave him a gupti blow after which fighting started between the parties, which was witnessed by Dori and Mathuri, but after the fighting stopped he and his brother together with Chameli went away to village Kapainiri and thereafter he lodged an F.I.R. with the Milak Police Station.
Their companyvictions and sentences Under Section 324 and 323 were maintained.
The sentences were directed to run companycurrently.
The verbal quarrel resulted in all the three Sohanlal, Jiwan and Janki attacking Makhan, Chunni and Jhanjan.
Both these injuries were simple Injuries and said to have been caused by some blunt weapon On Chunni there was an incis d wound 3/4 x 1/2 x skin deep on the right forearm and one companytusion with swelling on the back of his left hand.
This injury according to the Doctor was 2 away to the left from the location of the injury and that it companyld have been dangerous if the injury had been deeper.
Makhan received several lathi blows and Chunni received a spear and lathi blow.
About 10 minutes thereafter accused Sohanlal also reached the same Police Station and lodged a F.I.R. of the occurrence giving his own version.
Makhan and Chunni were also medically examined at about 10.15 p.m. on 14 1 65 by Dr. S.C Vaish On Makhan was found a companytused Wound 1 1/2 x 1/2 bone deep on the right side of the forehead and one companytusion with swelling 2 x 1/2 on the right elbow.
He alleged Chunni, Makhan, Pyare, Punni and Jhanjan had companymitted rioting.
An inquest was held on the dead body of Jhanjan after which it was sent to the Rampur mortuary for post mortem examination.
Sohanlal was also examined by Dr. Vaish on the same night at about 10.45 p.m. He had on him one punctured wound 3/4 x 1/2 x1 3/4 with clean cut margins under the skin on the left side of the chest 4 away from the left nipple at 4 OClock position.
Makhan and Chunni then cried for help and on hearing their hue and cry Tota Ram P.W. 3, RamlaJ P W. 4 and Pami rushed from the nearby fields and asked the accused if they were going to kill them.
The sentence of life imprisonment for the offence of murder as well as companyviction and sentence Under Section 324, 323 read with 34 was maintained, Sohanlal has filed this Appeal by Special Leave.
There after the accused accompanied by Chameli went away towards the village Kapnairi.
At that time when Makhan and Appellant were grappling Jiwan aimed a Suja blow on Makhan but Makhan moved aside and the Suja blow fell on Sohanlal.
Next day Dr S.P. Gupta companyducted the post mortem of the dead body at about 4.15 p m. He found two punctured wounds, one abrasion and 3 companytused wounds.
Sohan Lal was arrested when he went to give an F.I.R. and it is said that from Sohan Lals house a blood stained lathi was recovered After preparing a recovery Memo, companylecting blood stained earth at the place of the occurrence all these Memos were sent to the Chemical examiner.
Another was 4 x 1 with all round swelling at the right side of head just above the right ear and the third one was 3 1/2 x 1 at the left chest 1 below the left nipple.
After the accused left, Makhan sent Chunni to bring a bullock cart from Kapnairi and after the bullock cart arrived Makhan and Chunni look Jhanjan to Milak Police Station situated at about 9 miles from the place of incident but Jhanjan succumbed to his injuries while he was be ing so taken.
Then accused Sohanlal threw his lathi and grappled with Makhan.
In appeal the High Court acquitted Jiwan and Janki of the Offence of murder Under Section 302 read with 34 and instead companyvicted them of offence Under Section 325 read with 34 I.P.C. for each of them Was sentenced to five years Rigorous imprisonment.
The companyviction of Sohan Lal for an offence Under Section 302 read with 34 was companyverted into one Under Section 302 I.P.C. simpliciter.
On dissection he found both temporal and partia bones both right and left were fractured.
Jiwan is said to have assaulted Jhanjan with a Suja as a result of which Jhanjan fell down and became unconcious.
There was fracture on the right left middle fossas in companytinuation with the fracture of the right and left temporal bones.
Makhan then lodged a F.I.R. of the occurrence at about 9.15 p.m. on the same day at Milak Police Station.
According to him the punctured wounds were caused by some sharp weapon such as a spear or a Suja and the rest of the blunt weapon.
Jaganmohan Reddy, J. Sohanlal, Jiwan and Janki were companyvicted of offences Under Section 302 read with 34 Indian Penal Code and each of them sentenced to life imprisonment by the Additional Sessions Judge, Rampur.
It may here be pointed out that the Appellant was cultivating the lands of Jiwan as his Sajhedar.
The injury was simple and was caused by some edged and pointed weapon which companyld be caused by edged knife or Suja.
The Police registered a case Under Section 302, 323 and 324 Indian Penal Code and started the investigation.
When Chameli was residing in her brothers house Makhan went to bring her back on several occasions but every time Sohanlal and his father Mangli did number permit him to do so.
The incised wound was caused by some sharp edged weapon while the companytusion with some blunt weapon.
