BABU Vs. STATE OF U P

JUDGEMENT

(1.) In Sessions Trial No. 419 of 1978 (State of U.P. v. Babu and Others), decided by lInd Additional District and Sessions Judge, Badaun on 29.2.80, all the nine persons were sentenced to undergo four years rigorous imprisonment each under Sections 307/149 Indian Penal Code, one year R.I. each under Section 323/149 Indian Penal Code and the appellants Gutua, Sia Ram and Gindoo to undergo rigorous imprisonment for one and a half years under Section 148 Indian Penal Code and appellants Babu, Kisan Lal, Chhotey, Doomar and Sardar to undergo one year R.I under Section 147 I.P. C. with a direction that all the sentences of all the nine accused persons shall run concurrently. The present appeal had been filed against the aforesaid conviction and sentences.

(2.) The prosecution story, in brief, is that on 6.3.1977 at about one hour before sun-set Complainant Lakhpat Singh PW 1 and his brother Amar Singh, PW 2 and his nephew Durvijai Singh, PW 3 were taking water from the tubewell by diverting it to Complainant's field when appellants Babu, Kishanlal, Chhotey, Doomar and Sardar armed with Lathis and appellants Gultua, Gindoo and Sia Ram armed with spear and appellant Badri armed with gun came at the place of occurrence and stated that they would not permit the Complainant to divert the water to his field. They insisted that they would take the water first. The Complainant told them that the tube-well operator had permitted him to take water after the fields of Sia Ram are irrigated. Thereupon all the appellants started beating Lakhpat, Complainant, his brother Amar Singh and his nephew Durvijai Singh. On alarm being raised Ram Prasad, Lachchhoo and Hajari residents of village Ali Nagar came and saw the occurrence and saved the victims. The First Information Report of the incident was lodged on 6.3.1977 at 10.00 p.m., in Police Station, Islam Nagar, district Badaun. Investigation issued, the injuries of the three victims were examined by Dr. M.P. Gupta, PW 7 on 7.3.1977 between 4.00 p.m. and 4.30 p.m., and he found three contusions on the person of Durvijai Singh all of which were simple. He also found one punctured wound, three contusions and one abrasion on the person of Amar Singh. Injury No.1 was kept under observation, the other injuries were simple. The Doctor examined Lakhpat Singh at 4.30 p.m., and found one punctured wound, one lacerated wound, one contusion and one abrasion on his person. Injury No.4 contusion on the left upper back was found to be grievous on the basis of X-Ray report which indicated fracture of acronious process of the scapula.

(3.) The prosecution examined PW 1 Lakhpat Singh, PW 2 Amar Singh and PW 4 Ram Prasad as eye witnesses. The tube-well Operator Badaruddin was examined as PW 5. Other fonnal witnesses were also examined. The appellants had pleaded not guilty and had claimed false implications. They examined DW 1 Constable 429 Amar Singh to prove the contradictions under Section 161 Cr. P.C. The Trial Court after considering the evidence on record convicted the appellants under Sections 323/149 Indian Penal Code, 307/149 Indian Penal Code and 147/148 Indian Penal Code as aforesaid. Hence this appeal.