BHUNDA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 23-3-1981 passed by the First Additional Sessions Judge, Jhansi in S.T. No. 68 of 1976 convicting the appellants Bhunda, Kaluta, Mantola, Hari Ram, Matadin and Ghansoo under Sections 307 read with Section 149, I.P.C., Section 324 read with Section 149, I.P.C., Section 325 read with Section 149, I.P.C., Section 323 read with Section 149, I.P.C., Sections 148, 147 and 143, I.P.C. and sentencing them to R.I. for a period of 7 years under Section 307/149, I.P.C., R.I. for a period of 3 years under Section 325/149, I.P.C., R.I. for a period of 1 year under Section 324/149, I.P.C. and R.I. for a period of 6 months under Section 323/149 and R.I. for a period of one year under Section 148, I.P.C., R.I. for a period of 6 months under Section 147, I.P.C. and R.I. for a period of 3 months under Section 143, I.P.C. Accused Bhunda and Kaluta were further convicted and sentenced under Section 324, I.P.C. simplicitor and sentenced to one year R.I.

(2.) The prosecution story, briefly stated, was that Manna (P.W. 1) had taken along with accused Bhunda and Kaluta a contract for digging wall Bhunda and Kaluta had realised money from the party concerned and Rs. 700.00 were still to be paid by Bhunda and Kaluta to Munna towards his share. On 20-5-1975 Munna demanded money from Bhunda and Kaluta appellants who promised to pay on the following day. On 21-5-1995 when Bhunda was returning home in the evening at about 5.00 p.m. after grazing she goats, all the appellants surrounded him near the village and assaulted him with deadly weapon namely Pharsa, spears, axe and lathi resulting in multiple injuries on his person. It is further alleged that Bhunda was armed with spear, Kaluta with axe and rest of the appellants were armed with lathi.

(3.) Report of the occurrence was lodged by Babu Lal brother of Munna at about 11.00 p.m. on same day. The injured Munna was medically examined by Dr. S. C. Gurdev (P.W. 8) on same night at 10.45 p.m. who found as many as 23 injuries on his person. Injuries Nos. 1 and 13 to 18 were found to have been caused by some sharp edged weapon and rest by blunt object. Injuries Nos. 8, 19 and 21 were kept under observation and were found grievous.