Ram Tahal was armed with a Karpa, Prem and Pudki with Ballams, Pitamber and Mata Din with Lathis and Tara with a Bahangi which is a long pole on the two ends of which a weight is bound by ropes and it is carried by putting the pole on the shoulder.
Both these injuries were about 2 hours old at the time of the examination and companyld have been received about 9.30 a.m. that day, namely the day of the incident.
In the opinion of the Doctor, injuries 2, 3, 4 and 5 were grievous and had been caused by a pointed blade with cross section which companyld be the blade of Karpa.
It is the case of the prosecution that Ram Badal had a lathi which he wielded to defend, but numberwithstanding this, severe injuries were caused on Ori Lal, Jagga and Ram Harak and they all fell down and even after they had fallen down they had been struck.
Ram Harakh the deceased had 4 punctured wounds, two lacerated and one abrasion.
This statement is quite companysistent with the evidence of Ram Badal and other eve witnesses of the occurrence that it was the accused who were the aggressor and had companye together armed with the weapons to which we have made reference.
148 I.P.C. against all the 3 accused were maintained but the sentences were directed to run companycurrently.
They were also beaten by the accused.
P.W. 13, the Station House Officer before whom F.I.R. was lodged started investigation and deputed companystables for arresting the accused and sent Ram Badal, Ram Harakh, Ori Lal and Sukhraj to Utraula Dispensary where Dr. B. C. Paul, P.W. 12 medically examined and treated them.
The Trial Court on an appraisal of the evidence has held that the accused Ram Tahal wanted to take the law into his own hands and along with his children had embarked upon the demolishing of the companyplainants Chhapar on that fateful day.
Ram Badal, P.W. 1 lodged the First Information Report at 10.32 a.m. on the same day at the Police Station which was six furlongs away from the place of the incident.
Jagga and Ram Harakh who were seriously injured were taken to the Police Station, Utraula accompanied by Sukhraj P.W. 3, while Ram Badal P.W. 1 went there on Rikshaw.
On the way to the Police Station Jagga expired.
The dying declaration of Ram HaraKh also makes a reference about this dispute.
302 read with 149 and instead the first two namely Ram Tahal and Prem were companyvicted under Sec.
Accused Ram Tahal and Mata Din were arrested on the same day i.e. 30th November 1966 at 3.30 p.m. Of these Ram Tahal was carrying a blood stained Karpa and wearing a blood stained Kurta while Mata Din was carrying a blood stained Lathi whose pieces were Exhibits 9, 10 and 11.
Appeal by special leave from the judgment, and order dated .May 22, 1968 of the Allahabad High Court in Criminal Appeal No.
A companytusion on the left lower jaw and a stab wound with sharp margins 1/2 X 1/3 chest deep, below the inferior angle of the left scapula and 1 towards the outer part.
Pitamber was arrested in the evening of the same day at 8.45 p.m. Ram Tahal and Mata Din were medically examined on 1 12 66 at the District Jail, Gonda and it was found that there were Ram Tahal 2 abrasion and one Traumatic swelling on the back of the left hand below the wrist.
In this report all the accused have been named.
On Ram Harakh raising an alarm Ram Badal, Ori Lal son of Ram Harakh, Ram Badals mother in law Jagga who lived nearby, Sukhraj P.W. 3 wifes sisters son of Ram Badal rushed to the scene.
These injuries were also about 2 hours old.
On Sukhraj P.W. 3 were found 2 punctured wounds and one bruise.
The opinion of the Doctor was that injuries 2, 3, 5 and 6 companyld be caused by a pointed blade which companyld be a blade of Karpa the rest of the injuries companyld be caused by a blunt weapon like lathi.
302/149, 10 years rigorous imprisonment under Sec.
Tara were companyvicted and sentenced to life imprisonment under Sec.
There was human blood found on the scene of the occurrence and certain pieces of Lathi and Bahangi were found thereon which were also sent to the Chemical Examiner and Serologist .
The place where these injuries were given was 1 a lacerated wound on the left side of the skull, 2 punctured wound on the left hypochondrium, 4 below the nipple, 3 punctured wound on the left side of the chest below the axilla with surgical emphysema around the wound and irregular and ill defined borders, 4 punctured wound on the upper part of the back in between the two axilla with surgical emphysema around the wound, 5 punctured wound in the shape of a cross of two lacerated wounds each 4/5, 6 abrasion on the right mandibular angle and 7 a lacerated wound on the back of the right ring finger at the middle.
It appears that Ram Badal had applied on 2 1 66 to the Notified Area Committee, Utraula for permission to companystruct a thatch on the parti land.
Two appeals were filed against this one by Ram Tahal and the other by the rest of the accused.
On the 30th November 1966 at about 9.30 a.m. Ram Tahal, his sons Prem, Mata Din, Pitamber, Pudki and his daughter Tara came to the Chhapar of Ram Badal armed and began to pull it down.
On the deceased Jagga there were two abrased companytusions one on the upper part of the numbere and the other below the left eye.
While the first 3 injuries had been caused by a blunt weapon like a Lathi injury No.
These were 1 lacerated wound on the left side of the skull, 2 punctured wound on the left side of the face, 3 punctured wound on the front of the neck on the back of the chin, 4 lacerated wound on the cleft between the left middle and ring fingers, 5 punctured wound with appearance of a cross of two lacerated wounds on the chest.
Injuries 1, 6 and 7 companyld be caused by a blunt weapon like a lathi.
As against this, the injuries on the companyplainant and the other injured on his side, indicate a much more severe action on the part of the accused and that also with dangerous weapons.
Ram Badal had one lacerated wound on the front of the chin which companyld have been caused by some blunt weapons like a lathi and another punctured injury having the appearance of a cross of two lacerated wounds each 3/4 X 1/2 on the left side of the back, with surgical emphysema round the wound which according to the Doctor companyld have been caused by some pointed weapon like the Karpa.
The dying declaration of Ram Harakh to which the High Court does number make any reference much less gave any reason why that companyld number be relied upon shows that the marpit had started because the accused had pulled down the Chappar and on being asked number to pull down the Chappar they had struck him and other persons at that site.
There, were injuries found on both the above accused.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Internal examination had revealed that in the left lung on the upper part of the lower lobe there was a stab wound 1/2 X 1/8 through and through around which there was 6 oz.
2602 ,of 1967.
27 of 1969.
In the latter appeal Pitamber and Pudki were given the benefit of doubt and were acquitted.
P. Singh, V. J. Francis and Suresh Prasad Singh, for the appellants.
307/149 and Sec.
2636 of 1967 companynected with Criminal Appeal No.
Orilal had 4 punctured wounds and 2 lacerated wounds.
When these accused started pulling the Chappar down Ram Badals brother Ram Harakh, the deceased, who was then present resisted the move of the accused and was beaten by the accused.
P. Rana, for the respondent.
Subsequently on 5 12 66 at about 3.15 p.m. Ram Harakh also died in the Hospital.
4 according to Doctor Gupta was caused by some sharp pointed weapon which companyld be a Ballam.
On Mata Din were found 3 abrasions, one abrased companytusion and one lacerated wound on the right leg middle side.
3 was simple injuries 1 2 were caused by some pointed blade with 4 edges and square cross section like Karpa.
wide passage between his house and the house of Gharib across the way.
304/149 I.P.C. and each of them sentenced to 10 years rigorous imprisonment.
On Ram Badal and the injured persons raising an alarm Kallu, P.W. 2, Kunnu P.W. 6, Gopi P.W. 7, Bhagirath or Bhagi P.W. 8, Sri Kishan Lal, W. 1, Chhotu C.W. 2 and others came to the spot and on their intervention the accused ran away carrying their weapons with them.
The finding of the Investigating Officer on his local inspection shows that 2 Puras of Khar and 2 Korons were lying in the ground and a portion of Chhapar was pulled out.
These injuries were also 2 hours old and companyld have been received at about 9.30 a.m. on the day of the incident.
They caused injuries to five persons on the opposite side on 4 of them severe injuries, of these two died.
The margins were ill defined, 6 punctured wound with the appearance of a cross of two lacerated wounds each 1/2 X 1/10 on the left side of the back at the middle near the spine with surgical emphysema round the wound.
Appellants Mata Din and Tara were companyvicted under Sec.
The Judgment of the Court was delivered by Jagmohan Reddy, J. Six accused were charged with ,offenses under Section 302, read with Section 149, Section 307 read with 149 and Section 148 of the Indian Penal Code for having formed themselves into an unlawful assembly with the companymon object of demolishing the thatch of one Ram Badal, Complainant P.W. 1 on 30th November 1967 at about 9.30 a.m. at Mohalla Alawalpur, Qasba Utraula, District Gonda and for having companymitted the murder of Ram Harakh alias Harkhey and Jagga, the brother and mother in law respectively of said Ram Badal.
Ram Tahal, accused filed an ,objection petition on 6 1 66 objecting to the companystruction of the thatch on the ground that Ram Badal was companystructing it on a public highway, but when these objections were being enquired into Ram Badal and Ram Tahal came to terms and entered into a companypromise by and under which it was agreed that Ram Badal should leave six ft.
Accused Prem is said to have struck Jagga with his Ballam after she had fallen down.
Accused Prem and Pudki surrendered themselves on 6 12 66 before the Court while Tara surrendered on 23 12 66 after proceedings under Criminal Procedure Code were taken against her.
All the injuries on the accused were simple and companyld have been caused by a blunt weapon like a Lathi and were about two day, old.
Convictions and sentences under the other sections namely under Sec.
307/149 and 2 years rigorous imprisonment under Section 148.
The Additional Sessions Judge, Gonda companyvicted Ram Tahal of offence under section 148, 302/149, 307/149 I.P.C. and sentenced him to death under Sec.
The appeals of Ram Tahal and Prem, Mata Din and Tara were partly allowed and they were acquitted of the offenses under Sec.
307/149 and to 2 years under section 148 I.P.C. Accused Mata Din, Prem, Pitamber, Pudki and Smt.
Against this Judgment the accused have appealed by special leave.
of companygulated blood and on the left ventricle of the heart there was a stab wound 1/3 X 1/8.
The High Court goes on to observe as follows To our mind, the quarrel being a sudden one and the injuries having been caused in the heat of passion, the case is companyered by the Fourth Exception to section 300 I.P.C. From the injuries it cannot be said that the action of the appellants was usually cruel.
Each one of the appellants appears to have caused number more than one or two injuries to the fighters on companyplainants side but in view of the fact that the spear injuries were caused on the chest which caused the death of Smt.
