The deceased and other injured prosecution witnesses ate residents of the village of Rajdhar Ka Purwa and are Brahmans by caste.
On a companysideration of all the circumstances, the absence of any evidence as to the appellants being expected for recording of a statement on the morning of the 6th, one of them going armed with an unlicenced pistol, their preferring to walk instead of using cycles, we feel that the story of the prosecution that they were innocently on their way to the police station cannot be, accepted without reservation.
Devi had three injuries on his person and according to the doctor were caused by firearm pellets Kishori lal had two injuries and according to the doctor were caused by firearm pellets.
Four days prior to the occurrence on 2.8.1970, there was a scuffle between the two groups in which the appellants, Chunnu, Lachhman and five others received injuries while on the side of the prosecution, Lalta Prasad, deceased, and three others received injuries.
On the date of the occurrence at 11.30 A.M., he examined the injuries on Thakur Prasad Pandey, P.W. 2, and gave the wound certificate Ex.
The report was given by Devi Prasad against the five appellants and five others.
The injuries according to the doctor were caused by some sharp edged weapon.
Burn marks were number found.
The High Court, while finding that the prosecution had introduced the story that Lalta Prasad was wearing shoes and kurta and that they were take away by the appellants was improbable, observed that because it was summe, there was numberhing improbable in Lalta Prasad going dressed only with ganji1 and lungi.
The version given by the prosecution at 11.45 A.M. is marked as Ex.
Equally unacceptable in the story of the prosecution that the appellants were lying in wait in the sugarcane field, for, there is numberindication in the prosecution story as to how the accused would have expected the prosecution party to pass by that way at that time.
According to the doctor, the death was due to shock and haemorrhage, on a result of injury to the skull bones and injuries to the brain and lung.
We therefore find ourselves unable to accept the prosecution version regarding the place of occurrence or of their having been waylaid on their way, to the police station.
17, 24 and 26 were grievous.
Lachhman had one grievous injury, incised wound 2,1/2 x 3/4 on the upper end of left forearm on its posterior aspect cutting the ulna bone undernath oblique in direction.
The appellant also handed over the pistol which he had snatched from Devi and handed it over at the police station.
Though five persons were injured according to the prosecution, only one shot was fired but the companyrts below found it to be likely that at least two shots were fired.
Thereafter Devi Prasad left for the Police Station and lodged the First Information Report at 11.45 A.M. The companynter version about the incident was given by Lachhman, one of the appellants before us, at 9.30 A M. in the same Police Station.
The companyrts below also have found that Lalta Prasad had only a ganji lungi that it is most unlikely that he would have gone in that dress to, the Police Station.
The pistol which has been snatched from Devi Panday and fired pillets and two live pillets and jhola I have brought.
Lalta Prasad, it is stated, in order to save his life, took out his pistol and tried to fire it and the pistol gave numberse and Lalta Prasad and Thakur Prasad being injured, fell down and the accused person rushed to beat Devi and Hira Lal and caused injuries to both of them.
3 lacerated marginal circular wounds 1/10 x 1/10 x skin deep in the area of 5 x 3 on the front and outer side of left leg on its upper 1/3.
Hira Lal P.W. 3 also had four simple injuries.
Injury Nos.
An examination of the injuries on the side of prosecution reveals that Lalta Prasad died due to fracture of skull bone and injuries to the brain and lung while Thakur Prasad sustained as many as 28 injuries, although simple, except injuries Nos.
Both of them were laid on two companys and were taken to the Police Station and on the way, Lalta Prasad died.
Because of the strained relationship, it is stated that Lalta Prasad was carrying a pistol in his Jhola while Devi Prasad was carrying a spear.
The appellants are Pasis by caste, and are residents of village Sinhar Kalan within the jurisdiction of Kotwali Dehat Police Station in the district of Mirzapur.
It also found that the injuries receive d by the appellants were during the scuffle in which they were the aggressors The High Court also came to the tome companyclusion but acquitted five of the accused arraigned bf fore the trial companyrt as the case against them had number been proved beyond reasonable doubt.
The persons who were carrying the company of Lalta Prasad went straight to the Police Station while Devi Prasad took Thakur Prasad to Sadar Hospital and had him admitted.
He found the companydition of the injured serious and sent information to the Magistrate for recording a statement.
Injury 17 is a Lacerated wound 21/2 x 1/6 on right indes finger of right hand cutting phallanx bone.
The appellant, Maddhu had three injuries 1.
Except Bhola Nath, P.W. 4.
At that time, appellants Kishori Ghunnu were armed with spears.
Devi Prasad also plied his spear like a lathi to save his life by which some of the accused might have received injuries and they took the injured to the Police Station It may be numbered that while, according to the defence, the occurrence took place in the filed of Bhairon Singh, according to the prosecution, the incident took place sought west companyner of Banwaki Bari.
It is companymon ground that there was a long standing enmity between the Brahmans and the Pasis.
The injuries that were found on the appellants may number be numbered.
Kishori Behari Madhu and Devi Pasi and Dhunnu Past who have received pillet injuries and I have received gandasa injuries having taken them have companye.
With this limited material we have to determine as to whether the prosecution has made out a case against the appellants.
These injuries were caused by some firearm pellets.
The evidence of the investigating officer regarding the scene of the occurrence is that he inspected the scene as specified by the prosecution and found blood at one place in the Palihar field of Kalloo.
All of them started assaulting Thakur Prasad and when Lalta Prasad wanted to intervene, the assailants rushed towards him.
The only fact that emerges from the material on record is that there was a scuffle between the parties and several of them were injured.
The appellent, Behari had two injuries on his person 1.
17, 24 and 28.
3 lacerated marginal circular wounds 1/10 x 1/10 x skin deep in ares of 4 x 3 on the front of thigh at its middle 1/3.
Whatever I dictated was taken down.
Thus it will be seen, while appellant, Lachhman had a grievous incised injury, cutting the ulna bone, the other five appellants, Maddhu, Behari, Dhunnu, Devi and Kishori Lal had gun shot injuries caused by pellets.
Of them he found about 18 injuries were caused by sharp edged weapon and the rest were caused by blunt weapon.
When this party of four persons had passed on the BanwaKi Ban, the five appellants and five others suddenly emerged from the sugar cane crop of Bhullu.
Ka 23.
Investigation was taken up and the Police filed the charge sheet against the appellants, rejecting the companyplain t given on behalf of the appellants.
It is sought to be explained I that they preferred to go on foot as it was rainy season and cycling was number companyvenient in kachcha roads.
It is also the case for the prosecution that the accused attacked them and Lalta Prasad in order to save his life having taken out the pistol tried to fire it and pistol gave numberse and Devi Prasad applied his spear like a lathi to save his life by which some of the accused might have received injuries.
The version as is in the First Information Report may be shortly summarised.
Even a cursory reading of the two reports would indicate that both the sides were anxious to make out a case of keif defence and were lying as much as possible to explain the injuries found on the other side.
Taking into account the spread of the pellets and the injury on five persons in various parts of the body, we agree with the companyrts below that at least two shots would have been fired.
It is also brought on record that the prosecution witnesses had cycles but preferred to go on foot to the Police Station.
Injury No, 24 is incised wound spindle shaped 6x3/4 semilunar in shape at the level just below lateral mallobus of right leg.
The injury was on the top of the right little finger of the right foot.
Devi had a Lathi and the others had Gan dassa.
The Post Mortem disclosed 16 injuries on the person of Lalta Prasad.
The grievous injuries were fracture of a finger in the right hand and a toe in the fact.
the ether witnesses belonged to the party of the prosecution and had bitter enmity.
The High Court found that numberPolice Officer was called to companyroborate the prosecution that on the 6th morning, the day following their release from jail, they were called to the Thana for being interogated.
All the injuries were simple in nature.
At 4 P M, the doctor examined Devi Prasad, P.W. 1 and found on him four injuries.
The trial companyrt, after an examination of the evidence found that the version given by the prosecution is true and that the accused party were lying in wait in the sugar cane field and were the aggressOrs.
Three lacerated circular wounds 1/10 x 1/10 x 1/10 x skin deep one on inner side and one on inner side of right foot.
He found on Thakur Das Pandey 28 injuries.
According to this report, when Devi Prasad along with his uncle Thakur Prasad and Lalta Prasad and Hira Lal were going to the Police Station for getting their statements recorded at about 9 A.M., they reached the south west companyner of Banwaki Bari.
The ten accused armed with various weapons emerged from the sugarcane field and started attacking Thakur Prasad and Lalta Prasad.
Lalta Prasad and Thakur Prasad were found lying seriously injured.
The parties preferred companyplaints and two cases were registered and were under investigation on the date of the occurrence on 6.8.1978.
Lachhman and others in self defence plied lathi and appellant Kishori snatched a gandasa and used it while another appellant snatched the pistol.
The investigating Officer did number also state in the companyrt that the prosecution witnesses were to be examined at the Thana on that date.
These injuries were caused by some fire arms pellets.
Before the trial Court, the five appellants and five others were tried for offences under Sections 147, 148, 302, 307 and 324 I.P.C read with Section 149 I.P.C. All of them were companyvicted under Sections 302, 307 and 324 I.P.C. read with Section 149 I.P.C and were sentenced to imprisonment for life under Section 302 and for seven years R.I. under Section 307 and two year R.I. for offence under Section 324 I.P.C. On appeal by the appellants, the High Court of Allahabad set aside the companyviction and sentences imposed on five of the accused and companyfirmed the companyvictions and sentences imposed on the appellants by the trial companyrt for the various offences.
S. Kailasam, J. This appeal by the five appellants is by special leave against the judgment of the High Court of Allahabad against their companyviction and sentences imposed on them.
The case for the prosecution is that at about 9 A.M., Lalta Prasad, deceased, started from his village, accompanied by Thakur Prasad, Hira Lal and Devi Prasad, for Kotwali Dehat to have their statements recorded at the Police Station in the cases which were under investigation.
