It appears that Hargyan, the father of the appellant Daryao, a first companysin of Mukhtara, the murdered man, had also been murdered in 1923 over a similar dispute.
They had been released on parole after five years imprisonment On the date of occurrence, Mukhtara, the murdered man, was said to be proceeding with Raghubir, who was also murdered, and Asa Ram, P.W.1, and Bija, P.W.10, all sitting in a buggi driven by Asghar, P.W.4, and Smt.
The following injuries are shown to have been sustained by the victims of the attack MUKHTARA Vertical abrasion, 1 1/2 in.
below the axile.
On the left side of the chest with abrasions on the margins, 64 in.
On the left shoulder.
The margins of injuries Nos.
Contusion 4 1/4 in.x1 in.
It was alleged that Dharam Pal, Birbal and Daryao, appellants, and Nahar, Ajab Singh, and Ram Kishan, acquitted persons, were armed with balams, one Salek Chand was armed with a spade, and the rest with lathis.
These injuries were simple and had been caused by some blunt weapon, like lathi and were about 6 hours old fresh .
Appeal by Special Leave from the Judgment and order dated the 20th November, 1970 of the Allahabad High Court in Criminal Appeal No.
Asa Ram P.W.1 , and Raghubira deceased , Bija P.W. 10 and Asghar P.W 4 had been companyvicted and sentenced to life imprisonment.
2 1/2 in.
Daryao Singh and others had already filed partition suit which was pending at the time of the occurrence.
495 of 1968.
The prosecution case revealed a long standing enmity between two groups of village Nirpura one to which the appellants belonged and another to which Mukhtara and Raghubir, the murdered men, and the four other injured persons belonged.
It was alleged by Asa Ram P.W. 1 that Daryao Singh appellant wanted to take forcible possession of some land cultivated by him.
give occupants of the buggi, and, after that, Smt.
Abrasion 1/2 in.x1/4 in.
behind the upper part of the right car.
Mukherjee, U. K. Jha and U. P. Singh for the Appellant.
parallel to the earth extending from the upper and inner end of injury No.
Jahani, who soon joined them, were injured.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Abrasion 1/2 in.x1/4 in.
Their defense witness, however, in an obvious attempt to explain the injuries of the three appellants, put forward the entirely new version that, when Asa, Bijai, and Asghar, were killing Mukhtara and Raghubir, the three injuries appellants had attempted to save the murdered men and were injured as a companysequence.
above the left ear.
Contusion 1 1/2 in.x1/4 in.
A number of witnesses are said to have arrived in response to the shout of the injured occupants of the buggi.
108 of 1971.
The Judgment of the Court was delivered by BEG, J. The four appellants Daryao Singh, aged 46 years.
The prosecution evidence suffered from some quite obvious infirmities.
On the left scapular region.
P. Unival and o. P. Rana for the Respondent.
oblique, on the right side of the chest extending towards right shoulder from epigastrium.
When this buggi reached the field of Daryao Singh, where a number of persons, said to be eighteen altogether, whose names are mentioned in the First Information Report lodged at Police Station Doghat at a distance of three miles from village Nirpura at 8.30 a.m., were sitting on the boundary.
Asa Ram, P.W. 1, claimed to be in separate possession of some plots with his two brothers, including Raghubira murdered , and his uncle Mukhtara murdered .
The Trial Court acquitted eleven accused persons giving them the benefit of doubt and companyvicted seven including the four appellants.
Birbal aged 50 years, Dharam Pal aged 29 years and Om Pal, aged 15 years, were tried, alongwith 14 others, for the offence of rioting in the companyrse of which two murders were companymitted, on 7.6.1967, at about 6.30 a.m., on a path adjoining the field of the appellant Daryao Singh leading to village Parsoli from village Nirpura, in Police Station Doghat, in the District of Meerut.
Each of the accused persons was charged and companyvicted under Section 302, read with Sections 149, Indian Penal Code and sentenced to life imprisonment, in addition to charges and companyvictions under Section 149/324 and 149/34 I.P.C. and either under Section 147 or Section 148 I.P.C. depending upon the weapon alleged to have been used by an accused person.
4 and 5 were clear cut, smooth and well defined and angles on both the end were acute.
I had prepared the injury report Ex.
below the shoulder.
As is number unusual, the origin of the hostility between the two sides seems to have been a dispute over cultivable land between companylaterals who had some joint Khatas.
Jahani, P.W.3, the wife of Asa Ram, P.W.1, was said to be following the buggi at a short distance with some food for the party.
Two of them, Mukhtara and Raghubir, died very soon after the attack.
