In this respect, the High Court numbered the deposition of P.W. I, Bishambhar, that the fatal injury on Babulal was caused by chance.
But the other accused persons were held guilty on different companynts and were companyvicted to undergo rigorous imprisonment of different terms as indicated in the Judgment and order of the learned Sessions Judge.
The prosecution, however, relied upon the testimony of five eye witnesses, namely, Bishambhar P.W. 1 , Ram Prasad P.W. 2 , Tribeni P.W. 4 , Jagdamba Prasad P.W. 5 and Durga P.W. 8 .
The High Court directed that all the sentences awarded against each of the said appellants would run companycurrently.
The said Criminal Appeal arose out of the Judgment and order dated June 22, 1978 passed by the learned Sessions Judge, Sultanpur, in Sessions Trial No.36 of 1978.
The High Court indicated that despite the fact that some innocent persons were falsely implicated by the eye witnesses, the statements made by the said eye witnesses may be relied on if on scrutiny it would transpire that the participation of the appellants and the said Devi Dutt who were appellants before the High Court in the offences alleged was established.
It may be stated that appellants Nos.
The Village Pure Gurdin and Gogmau are within the Police Station Jagdishpur in the District of Sultanpur but the village Uiara is within the Police Station, Musafirkhana, District Sultanpur, all in the State of Uttar Pradesh.
4 to 8, namely, Ishwar Dutt, Sant Kumar, Ram Sunder, Lalan, Pratap are residents of village Gogmau and appellant No.
The High Court inter alia came to the finding that there was numbercounter version by the defence and the learned Sessions Judge was justified in companying to the companyclusion that the deceased Babulal and the said four persons were assaulted by blunt and sharp cutting weapon at the time of occurrence as suggested by the prosecution and Babulal had died as a result of head injuries received by him.
1 herein , were charged under Sections 148, 302/149, 325/149, 324/149 and 323/ 149 I.P.C. The rest of the 15 accused persons were charged under Sections 147, 302/149, 325/ 149, 324/149 and 323/149 I.P.C. Seven of the accused persons, namely, accused Nos.
Against such judgment of the learned Sessions Judge, Devi Dutt and these nine appellants preferred an appeal in Allahabad High Court, Lucknow Bench, being Criminal Appeal No.
The High Court set aside the companyviction and sentence of all the nine appellants under Part I or Part II of Section 304 read with Section 149 I.P.C. but the companyviction of the said nine appellants was upheld under Sections 325 /149, 324/149 and 323/ 149 I.P.C. and each of the said appellants Was awarded sentences of rigorous imprisonment for a period of two years, one year and nine months respectively.
Having numbered the fact that at least 20 injuries were received by the five victims on the side of the prosecution, it was held by the High Court that it was quite likely that 9 or 10 persons had taken part in assault as alleged.
The said persons started assaulting Babulal and his companypanions.
The High Court also numbered that although the said witnesses implicated seven other persons with the said incident of assault but on the admission of Durga it transpired that they were falsely implicated.
above left earlobe and the swelling on the left eye ball on the person of deceased, Babulal.
The High Court numbered that Durga P.W. 8 lodged the first information report and the said Durga and Ram Prasad P.W. 3 were independent witnesses.
1, Annaporna Dutt, had a pharsa.
All of a sudden, the said nine appellants along with Devi Dutt and the other seven persons since acquitted by the learned Sessions Judge came to the place where the said bamboos were stored.
The deceased, Babulal and his relations had cut 13 bamboos from a clump situated in that village and they had stocked those cut bamboos on the backside of the house of Ram Prasad Tewari with an intention to use those bamboos for raising a thatch.
1, 2 and 3 in this appeal, namely, Annaporna Dutt, Uma Dutt and Kanhaiya, are residents of village Pure Gurdin and appellant Nos.
4, 11, 12, 13, 15, 16 and 17 were acquitted of all the charges framed against them by the learned Sessions Judge.
469 of 1978 Such appeal was disposed of by the Allahabad High Court, Lucknow Bench, on December 13, 1979 arid the High Court allowed the appeal of Devi Dutt and his companyviction and sentences ordered by the learned Sessions Judge on several charges were set aside, but the appeal of the nine remaining accused who are appellants in this appeal, were allowed in part.
Besides Babulal, Bishambhar P.W. 1 , Tribeni Prasad P.W. 4 , Jagdamba P.W. 5 and Brahma Dutt also received injuries in the hands of the accused persons.
Dr. L.M. Chaudhary, Medical Officer, P.H.C. Jamo, examined the said injured persons and he numbered an incised wound on the head on left side 10 cm.
Left parietal and frontal bones in left orbital region and left temporal bone under external injuries Nos.
Babulal, however, succumbed to bis injuries and the post mortem examination was held by Dr. N. A. Khan who had numbered an incised wound, two traumatic swellings and three abrasions all ante mortem in nature.
The companyviction under Section 147 I.P.C. in respect of the appellants other than Annaporna Dutt was also maintained by the High Court but the sentence of rigorous imprisonment for two years was reduced to rigorous imprisonment of nine months.
So far as the appellant, Annaporna Dutt, is companycerned, his companyviction under Section 148 I.P.C. was affirmed by the High Court but instead of two years rigorous imprisonment as ordered by the learned Sessions Judge, the High Court awarded a sentence of rigorous imprisonment for one year.
In the opinion of Dr. Khan, the death of Babulal was caused due to companya resulting from the head injuries.
In the said Sessions trial the accused No.1, Devi Dutt, and the accused No.5,Annaporna Dutt appellant No.
Bishambhar had six injuries caused by blunt weapon and injuries on Brahma Dutt and Jagdamba, as found by the said doctor, were stated to have been caused by the blunt weapon.
The report of the occurrence was lodged at Jagdishpur Police Station at 7.00 P.M. on the same day by Durga Prasad.
Thereafter the accused persons ran away.
Out of the said five eye witnesses, P.W. I, P.W. 4 and P.W. 5 received injuries as indicated hereinbefore.
Tribeni was found to have suffered two perforated wounds above his right eye besides three other injuries caused by blunt weapon.
The accused persons including the appellants pleaded number guilty and denied the allegation of assault made by the prosecution.
According to the opinion of the said Medical Doctor, the injury No.l on the person of Babulal was caused by a sharp cutting weapon and injury No.2 by blunt weapon.
9, Orikar Nath, is the resident of Village Uiara.
One of the eye witnesses, namely, Durga P.W. 8 , however, stated that he had falsely implicated seven accused persons.
Devi Dutt was armed with a spear and appellant No.
The High Court inter alia came to the finding that the deceased Babulal and three injured eye witnesses, namely, Tribeni Prasad, Bishambhar, Jagdamaba and also Brahma Dutt were assaulted as alleged by the prosecution because such case of assault and the time alleged by the prosecution was established by the injuries found on their persons.
The prosecution case in short is that on June 30, 1977, at 10.00 A.M. an incident of assault and trespass had taken place in village Pure Gurdin where the three appellants reside.
1, 2 and 3 were found to have been fractured.
Accordingly, the said seven persons were acquitted by the learned Sessions Judge.
The learned Sessions Judge accepted the evidences of the said eye witnesses including the injured eye witnesses and as the said eye witnesses had stated that the appellants and the said Devi Dutt were parties to the assault, the learned Sessions Judge had companyvicted all of them and sentenced all the said accused persons on different companynts which have been referred to hereinbefore.
469 of 1978.
N. Ray, J. This appeal is directed against the Judgment and Order dated December 13, 1979 passed by the High Court of Judicature of at Allahabad, Lucknow Bench in Criminal Appeal No.
As aforesaid, the instant appeal has been preferred by the appellants against the said judgment and order passed by the Lucknow Bench of the Allahabad High Court.
The said letter demolishes the prosecution case and in the backdrop of the facts and Circumstances, the statements companytained in the letter should have been accepted He has submitted that it is really unfortunate that Babulal had died because of the injuries suffered by him and some of the witnesses for the prosecution had also suffered some injuries but such factum of death and the injuries on the persons of some of the witnesses for the prosecution do number establish that the assault as alleged by the prosecution was companymitted by the accused appellants.
