DMA NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Dma Nath, Man Singh, Khanjhan and Tursi against their conviction under Section 107 Indian Penal Code and sentence of three years R.I. imposed by Sri S.K. Srivastava IX AddI. Sessions Judge, Bereilly-vide-his judgment dated 22-3- 1978.

(2.) The case against the appellants was that on 25-4-1976 at about 5 p.m. when the first-informant Bhanu Pratap was sitting in the grove of Tota Ram carpenter, his uncle Krishna Murari injured was coming on the Mendh of his another uncle and the accused Dma Nath, Man Singh, Jhanjhan and Tursi arrived there, Dma Nath was armed with rifle, Man Singh with Kanta and Jhanjhan and Tursi with lathis. On the investigation of Dma Nath, Man Singh struck a blow on the head of Krishna Murari with the Kanta as a result of which he fell down. Thereafter, Jhanjhan and Tursi assaulted him with lathis. On seeing the incident Bhanu Pratap and others rushed towards Krishna Murari but Dma Nath fired towards them and the accused, therefore, could not be arrested. Bhanu Pratap brought his injured uncle to his house and took him to the hospital at Khamora and thereafter lodged the First Information Report at 10 p.m. to the police station which is at a distance of 5 miles from the place of occurrence. The injury report Ex. ka 6, supplementary report Ex. ka 4 and the injury memo Ex. ka 5 show that Krishna Murari has received as many as ten injuries consisting of incised wounds, lacerated wounds, contusion and abrasions. Injury Nos. 1 and 7 were caused by sharp edged weapon and others were caused by blunt weapon.

(3.) The accused pleaded not guilty and attributed their implication in the case due to enmity.