PYARE AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 6.9.79 passed by the VI Additional Sessions Judge, Saharanpur in Session Trial No. 354 of 1978 State Vs. Pyare and others , convicting the appellants under Sec. 304 (Part First) read with Sec. 149, I.P.C. and sentencing them to four years rigorous imprisonment each and imposing a fine of Rs. 500.00 and in default of payment of fine further sentencing them to three months rigorous imprisonment each and further convicting them under Sec. 324 read with Sec. 149, I.P.C. and sentencing them to one year's rigorous imprisonment each there under and also convicting the appellants Kamta and Mahendra under Sec. 148, I.P.C. and sentencing them to one year's rigorous imprisonment each there under and also convicting the appellants Pyara, Sewa Ram, Prakash, Ram Kishan, Ashok, Shambhu and Manga under Sec. 147, I.P.C. and sentencing them to one year's rigorous imprisonment each.

(2.) The facts of the prosecution case as set out in the First Information Report, briefly stated are that on 14.11.77 at about 1.00 p.m. Magru son of Dhummu and Madan son of Magru were going to their filed by their bullock-cart. As soon as they reached the turn of the village Mohar, Pyara, Mahendra, Prakash, Mange Ram, Ashok, Kamta, Ram Kishan, Shambhu and Sewaram, armed with Ballam, Pharsa, Bhala and Lathi, happened to come there, surrounded Madan and Magru and started asking then why they were taking their bullock-cart through their gram field. Magru denied having taken the bullockcart through their gram field. In the mean time Kamta and Mahendra armed with Ballam and Pharsa respectively and the remaining accused armed with lathies, started assaulting them with their respective weapons. Puran, Phulla, Jittoo, Brahma Nand and Rangveer rushed to the place of occurrence and tried to intervene. They were also belaboured by the accused with lathis, Ballam, Pharsa, Axe etc. In the mean time Shambhu son of Ghasi, Phulloo, Phagun, Paltoo and Shamsha reached the place of occurrence and intervened. Magru had received grievous and serious injuries on his head. One Tejpal Singh got the report written by one Kunwar Pal Singh about the incident. The injured were taken to the Police Station Badgaon, District Saharanpur the report was handed over to the Head Moharrir, who on its basis prepared chik report and registered a case against the accused.

(3.) All the injured were taken by the police to the hospital, Magru succumbed to his injuries on the way. The remaining injured namely Pooran Singh, Raghubir, Madan, Jittu, Brahma Nand and Phulloo were medically examined by Dr. A.P. Gupta, Medical Officer, Primary Health Centre, Manauta. He had found such injuries on their persons as are noted in the injury reports vide Ex. Ka 3 to Ex. Ka B. Dr. D.V. Batra conducted the Post-mortem examination on the dead body of Magru and found such ante-mortem injuries thereon as are noted in the postmortem report EX. Ka. 10.