KALI CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) Kali Charan, Parma, Antu, Sheo Nath, Nankhu Jai Shri, Ram Dass, Khatai, Mithai, Miththu, Chhedi, Chuttur, Jiya Lat, Narain, Shyam Lat, Om Nath, Kallu Nath, Jagar Nath, Khelawan Bipat, Ramdhani, Khurbhur, Kharbhan and Nakhru have been convicted under Sections 147,302/149,325/149, 323/149 and 436/149 of the Indian Penal Code and sentenced to one year Rigorous Imprisonment on the first count, to imprisonment for life on the second count, to three years Rigorous Imprisonment on the third count, to six months Rigorous Imprisonment of the fourth count and to five years Rigorous Imprisonment on the fifth count. The appellant Han Das had been convicted under Section 436 of the Indian Penal Code simpliciter and sentenced to seven years Rigorous Imprisonment. He had also been convicted and sentenced in the same manner as the other appellants in respect of offences other than that under Section 436 of the Indian Penal Code. This impugned judgment convicting and sentencing the twenty-five appellants as above had been pronounced by Shri A.B. Hajela, IV Add. District and Sessions Judge, Varanasi. During the pendency of this appeal the appellants Kali Olaian and Jagarmath died. The present appeal has been heard on behalf of the twenty-three appellant intimated to be alive.

(2.) In the First Information Report it has been pointed that the twenty five appellants who were Harijans by caste and were related in between on account of old enmity came armed with lathies and clubs and assaulted Sharda, Hira, Kanta, Laxman and the informant Banga and burnt the hut of Banga and broke the branches of his neem tree. The incident had taken place at 7.00 a.m. on 24-3-1978 in village Mehdi and report about it was lodged at 9.15 a.m. in the Police Station Mirzamurad which is at a distance of five miles from the village Mehdi. The injured Banga, Hira and Sharda were medically examined between 8.30 a.m. and 8.50 p.m. in the Primary Health Centre. The injury report of Banga shows him to have sustained the following wounds; 1 Lacerated wound 1/211 x 2 mm. x skin deep on the base of right thumb. 2. Traumatic swelling 2 x 1 on the medial side of right leg 6 below the knee.

(3.) Traumatic swelling 1 x 1h/2 on the medial side of right knee. The injury report of Hira shows him to have been inflicted the following injuries.