In order to properly appreciate the relationship, the pedigree of the family is reproduced On 13.11.1977 a violent incident is alleged to have taken place between the accused and members of the companyplainant party, namely, Moti, Gharroo and his sons over share in plot No.165/2 measuring 1.88 decimals situated in Village Shivpurwa, P.S. Manduadih, District Varanasi.
P.C. and the statements being companytradictory to each other with regard to the use of Danda by the prosecution witness.
Hearing the hue and cry raised on the spot, Amardhari, Shangoo and Jagga arrived at the spot.
Dr. R.K. Singh, DW.1 medically examined accused Bhola and found the following injuries Contusion 5 cm x 4 cm on the dorsum of left palm with tenderness at the base of II metacarpal bone, skin over it bluish pink.
It is pertinent to mention that Dr. A.K. Dwivedi PW.8 examined accused Vishwanath alias Binney and found the following injuries on him Abrasion 1 cm x 1 cm right parietal, 12 cm from right ear.
Amardhari received injuries and was hospitalised for two and a half months.
The accused appellants, aggrieved by the judgment of the Sessions Judge, filed an appeal before the High Court.
The suit was decreed ex parte on 10.1.1970 and mutation of this order was made in Khatauni 1376 F to 1378F. The ex parte decree was, however, set aside on the application of Lalloo, father of the accused persons, after setting aside the ex parte decree on 19.2.1973.
Thereafter the suit was proceeded in the revenue companyrt.
He ran towards the house of Sahdeo and fell down at his doorstep.
Moti deposited ten times land revenue of his one third share in the disputed joint Khata companyprising of plots Nos.109, 165/2, 182/2, 205/2 and 251/2 and filed a suit for division of holdings under Section 138 of the Zamindari Abolition and Land Reforms Act for 1/3rd share on 6.1.66.
The intestine of Amardhari protruded out through the wound and he also fell down.
below the right scapula.
Restricted movement of left index finger.
After the death of Lalloo, his five sons succeeded to the property.
One third portion towards numberth has been in possession of the accused persons since the time of their father Lalloo while the two third portion towards south is in the joint cultivation of Moti and Gharroo.
Abrasion 4 cm x cm on the outer aspect of upper part of right thigh.
The dispute about the share between Lalloo on the one hand and Gharroo and Moti on the other started in the year 1965.
Tilakdhari PW1 dictated a written report Ex.
Abrasion 2 cm x 2 cm on the right shoulder top.
They refused to do so saying that the said portion of the field has been in their possession for a long time and that they would companytinue to plough it.
The trial companyrt, on appraisal of evidence, came to the findings that at the time of incident the prosecution party was in peaceful possession of the land in question and with the dismissal of suit the accused persons came there forming an unlawful assembly to extend their possession over half share and interfered in the peaceful possession of Gharroo and Moti in the southern portion of the plot.
They first assaulted and caused injuries to the deceased and other victims on prosecution side and injuries on the defence side were caused during the companyrse of incident and according to the learned Sessions Judge, the defence version of the incident was false and accordingly, the learned Sessions Judge companyvicted and sentenced the appellants under various companynts as stated in the earlier part of the judgment.
Lacerated wound 4 cm x 1/2 cm x bone on left side parietal 14 cm from left ear.
Immediately after they had started ploughing, all the accused persons arrived there.
Ka.1, in terms of which chick FIR Ex.
Tilakdhari PW1 was also given blows by the accused persons.
In a suit under Section 49 of the U.P. Tenancy Act, Moti, Gharroo and Lalloo obtained one half share in the joint Khata while the other half share went to descendants of Panchu, namely, Vinayak and others.
1 to Sitaram on the spot.
He received lacerated wounds on his head.
13 was prepared and a case was registered in the general diary.
Inquest of the dead body was performed by Ram Chandra Pandey S.I. on 14.11.1977 at 8.00 A.M. Dr. Narsingh Sharma, Medical Officer Incharge S.V.M.V. Government Hospital, Varanasi companyducted post mortem examination on the dead body of Sahangoo at the mortuary on 14.11.1977 at 2.30 P.M. He found the following ante mortem injuries on his dead body.
The case of the accused persons is that the members of the companyplainant party tried to forcibly dispossess them and in their right of private defence some injuries were caused to the members of the companyplainant party.
Accused Banne alias Baijnath and Binne alias Viswanath were armed with iron rods while the other accused Nanhe alias Narain, Bhola and Ramji were armed with sticks.
The accused Ramji gave a lathi blow to Amardhari who companysequently fell down because of the impact of blow.
Lalloo took the lead in asserting his claim by executing a sale deed in respect of 5 decimals of plot No.251/2 area 10 decimals in favour of Shivlal on 21.1.1965.
Sahangoo was attacked by Ramji, Bhole and Nanhe with lathis.
Contusion 10 cm x 4 cm on the back of right forearm, 2 cm above wrist joint, right Ulna bone fractured.
Sahangoo, Amardhari and Tilakdhari were escorted to S.P.G. Hospital, Varanasi, where they were examined for their injuries by Dr. A.K. Dwivedi at 8.45 A.M., 9.00 A.M. and 12.00 numbern respectively.
He took Sahangoo, Amardhari to P.S. Manduadih where he submitted the written report Ex.
Lacerated wound 6 cm x bone deep on the right side crown of head, 7 cm above right eyebrow.
There is a Merh between the portion in the occupation of the accused and that in the possession of Moti and Gharroo.
Thereupon the accused Banne alias Baijnath instigated other accused persons to assault Tilakdhari and his father and drive them away, whereupon Gharroo ran towards the house of Khatkhat in the neighbourhood.
On 13.11.1977 at about 7.00 a.m. Tilakdhari PW.1 and his father Gharroo went to their portion of the plot in dispute along with the bullocks to plough the land.
He executed second sale deed in respect of 6 decimals of plot No.205/2 measuring 12 decimals in favour of Nand Lal and Lalloo sons of Dhanesh on 20.12.65.
Banne alias Baijnath gave a thrust with the iron rod in the abdomen which punctured the abdomen of Amardhari.
Middle cranial fossa was also fractured.
On internal examination, he found the right frontal and temporal bones fractured and the right fronto parietal suture separated, brain was companygested.
The trial companyrt though numbered the injuries which were received by the accused persons, but the prosecution has number explained those injuries on the body of the accused.
Lalloo, Moti and Gharroo have since been recorded as companytenure holders of the aforesaid plot along with other plots.
Sahangoo succumbed to the injuries at 5.45 P.M. on the same day in S.S.P.G. Hospital, Varanasi and died.
Lacerated wound 2 cm x cm muscle deep on the inner aspect left dorsum of foot, 2 cm above the root of left big toe.
The accused persons asked Tilakdhari, PW1 and his father to get out of the field.
Abrasion 2 cm x 2 cm back of left knee.
The prosecution examined 10 witnesses in support of its case.
The same Doctor also examined accused Ramji alias Raman on the same day and found the following injury.
It is admitted case of the parties that Chhakkoo and his brother Panchu were original tenure holders of the said plot along with some other plots.
Dr. A.K. Dwivedi PW.8 also examined the injuries of accused Narain alias Nanhey and found the following injuries Lacerated wound 4 cm x cm x bone deep on right parietal, 6 cm above right ear.
