NARDEO SINGH Vs. STATE

JUDGEMENT

(1.) The appellants have been convicted by the 1st Additional Sessions Judge of Budaun under Sections 323, 326 read with Section 149, I. P. C. and have each been sentenced to six months' rigorous imprisonment under Section 323 read with Section 149, I. P. C. and to six years' rigorous imprisonment under each of the two Sections 326 and 307 read with Section 149, I. P. C. The appellants Tessu, Angan, Mulaim Singh and Gajju Singh have been further convicted under Section 147, I. P. C. and sentenced each to six months' rigorous imprisonment and the appellants Nardeo and Bhikhari under Section 148, I. P. C. and sentenced to one year's rigorous imprisonment each. All these sentences have been made concurrent.

(2.) Two appeals were filed, one on behalf of Nardeo, Mulaim Singh and Bhikari and the other on behalf of Tessu, Angan and Gajju Singh. They have both been connected and as they arise out of the same judgment they will be disposed of together.

(3.) The prosecution story is that Dan Singh, brother of Chaturi Singh Complainant, had filed a complaint under Section 107, Cr. P. C. against the appellants and other about a month or two before the occurrence and this case was pending at the time, of the occurrence that Net Singh and Ram Singh who are prosecution witnesses in this case and who were also injured in the occurrence were prosecuted along with others for the murder of one Bharat Singh and the accused Jiwan Singh and Sughar Singh father of Tondi Singh and Bhola Singh accused had appeared as prosecution witnesses in that case about one and a half year before the occurrence, that on account of these facts there was enmity between the accused and Dan Singh, Chaturi Singh, Net Singh and Ram Singh and it was on account of this enmity that on 8-6-1949, about an hour before sunset when Dan Singh and Chaturi Singh were returning from their field and reached a place near Jiwan Murao's Mandaiya which stood on the way and which adjoined the village talab, they were waylaid by the accused some of whom were sitting in the Mandaiya of Jiwan Singh and the others in a grove at a short distance from there, that they were armed with lathis and pistols and attacked Dan Singh and Chaturi and inflicted a number of injuries on their persons, that on the cries of these two persons Net Singh and Ram Singh who were present at the talab with their cattle where they had gone to give water to them ran to their help and they too were beaten and injured. The accused ran away when other persons reached the spot on hearing the shouts of the injured persons. All the four injured persons were removed in a cart to P.S. Bilsi which is at a distance of about seven miles from there. They reached the thana sometime about midnight and a report was made there by Chaturi Singh at 1.10 a. m. and in that report the names of all the accused are mentioned. After the report had been recorded the injured persons were sent to the dispensary where their injuries were examined by the Medical officer the next morning.