DAYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) G. K. Mathur, J. This appeal is directed against the judgment and order dated 30th January, 1979 passed by Sri R. S. Agrawal, II Additional Sessions Judge, Aligarh in Sessions Trial No. 465 of 1977 by which Daya Ram ' been convicted for the offences punishable under Sections 148, I. P. C. , 323/149 I. P. C. , 324/149, I. P. C. 325/149, I. P. C. and sentenced to undergo rigorous imprisonment for a period of one year, six months, two years and three years under those sections respectively. Daya Ram has been further convicted for the offence punishable under Section 302, I. P. C. and sentenced to undergo life imprisonment. The appellants Radhey Shyam and Subhash have been convicted for the offences punishable under Sections 148, 323/149, 324/149, 325/149 and 326/149, I. P. C. and each one has been sentenced to undergo'rigorous imprisonment for a period of one year, six months, three years and four years for the aforesaid offences respectively. Appellants far Chand and Vijai have been convicted for the offences punishable under Sections 147, I. P. C. 323/149, 324/149, 325/149 and 326/149, I. P C. and each has been sentenced to undergo rigorous imprisonment for a period of six months, two years, three years and four years for each count respectively. The sentences of the accused persons have been made to run concurrently.

(2.) THE prosecution case, in brief, is that when Ramesh, Bhagwati Prasad, Laxmi Narain and Pooran Mai (P. W. 1) were sitting and talking amongst themselves, accused Subhash came out of his Nohara at about 10. 00 p. m. on 5th October, 1977 and asked them in abusive language to stop talking as he was studying and when Pooian Mai took exception to the abusive language of Subhash, he went away to his house saying that "sale MAN TO ABH1 JAOGE".

(3.) DR. A. K. Garg, Medical Officer, Primary Health Centre, Gonda made the medical examination of the injuries of Pooran Mai, Smt. Punia, Bhagwati Prasad and Smt. Cnameli on 6th October, 1977 from 11. 30 a. m. to 12. 05 and prepared injury reports Exs. Ka. 6, Ka. 5, Ka. 4 and K. 3 respec tively'. P. W. 7 DR. S N. Agrawal Radiologist, Malkhan Singh Hospital, Aligarh after taking X-ray of left shoulder of Smt. Cuameli on 7th October, 1977, found a crack fracture of greater tuberosity of upper and left humorous bone vide X-ray report Ex. Ka. 9.