SACHCHIDANAND PATHAK Vs. STATE

JUDGEMENT

(1.) THESE are two connected revisions. Criminal Revision No. 1635/1980 has been filed by Sachchidanand Pathak and 8 others. Out of these revisionists, Behari Thakur son of Bhuneshwar Thakur has since died. His revision abates. The other connected revision is Criminal Revision No. 1906 of 1980 filed by Arun Kumar. Both these revisions arise out of a conviction recorded by the trial court for offences under sections 147, 148, and 307/149 IPC and sentences of varying terms of imprisonment imposed thereunder. In appeal, the Sessios Judge, Allahabad has set aside the conviction of these accused-applicants for the offences under Secs.307/149 IPC, instead they have been convicted under Sec. 325/149 IPC and sentenced to 2 years' R. I., thereunder. The conviction of Sri Prakash Singh for the offence under Sec. 148 and the sentence of six month's R. I. imposed by the trial court has been maintained by the court of appeal. The conviction of the rest of the applicants under Sec. 147 IPC and a similar sentence of six months' R.I. has also been maintained by the lower appellate court. In these circumstances, both these revisions have been filed.

(2.) I have heard learned counsel for the parties and have also perused the impugned orders. I have also minutely examined the relevant record of the case. It is not necessary for me to go into the details of the prosecution story and the defence case and to examine the evidence which has been produced by the parties and relied- upon by the courts below. The bald finding of fact, which has to be accepted in the instant case, having been concurrently recorded by both the subordinate courts, is that on the exhortation of Lallan Rai, applicant no. 8, the other accused-persons caused injuries to the victim Lallan Singh at 6.30 A. M. in the morning on 16th October, 74, at Renuccot crossing. These injuries were 26 in number, Sri Prakash was armed with a knife which was struck on the victim, but the blow was warded off by Lallan Singh with his hand, thereby causing an abrasion on the middle former surface of the right: palm. The rest of the applicants were armed with dandas and rods. There are 25 other injuries on the person of the victim in nature of lacerated wounds, bruises and swellings. These injuries have been proved in accordance with law by the production of the Doctor concerned.

(3.) THE question for consideration is whether the circumstances of the case and the evidence on the record are sufficient to cover either of these three situations. So far as the first situation is concerned, it will be enough to quote from the impugned order, passed by the Sessions Judge to the following effect: -