SWAROOP CHANDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) GHANSHYAM Dass, J. By means of instant appeal the accused- appellants namely Swaroop Chandra and his three sons Phool Chandra, Santosh Kumar and Jitendera Sharma have challenged the conviction order dated 24-8-92 passed by the Special Judge, Unnao in S. T. No. 360 of 1990, State v. Swaroop Chandra Sharma & Ors. , by means of which the accused appellants have been found guilty for the offences punishable under Sections 304/34 and 323/34, IPC and have been sentenced to undergo R. I. for 10 years and one year with the order that the sentence shall run concurrently.

(2.) ACCORDING to the prosecution on 23-9-90 at about 1 p. m. in the day while Ram Sajiwan (informant) alongwith his father Jag Pal (deceased) were plucking vegetable crop of Kumani nearby his paddy field, the accused appellants came there with then cattle grazing. Some of the cattle of the accused entered into paddy field of informant which was resisted to whereupon the accused Swarup Chandra Sharma exhorted his sons with the words 'maaro sale ko jyada neta banta hai. ' Thereupon, all the accused persons assaulted Jagpal and the informant with lathi, with the result Jagpal became unconscious on the spot. The injured were taken to the police station on the bullock cart. The report of the incident was lodged at 3. 55 p. m. Both the injured were medically examined on the same day at 4. 20 p. m. The condition of Jagpal was found to be serious and he was referred for expert to District hospital, Unnao. Consequently, he was admitted in emergency in the hospital on the same day i. e. 23-9-90 at 4. 45 p. m. but Jagpal succumbed to the injuries at 6. 40 p. m. The post-mortem on the body of the deceased was conducted by Dr. V. N. Mathur on 24-9-90. Cause of injury was found to be shock and haemorrhage as a result of ante-mortem injuries.

(3.) ON a perusal of ocular evidence available on record and the statements of three eye-witness P. W. 1, P. W. 2 and P. W. 3, I conclude that guilt of accused for causing grievous injury to the deceased by lathi blow is proved on record. The presence of all the four accused is proved and all of them are proved to have caused injuries with common intention on the exhortation of Swarup Chandra. The injuries are proved on record by the doctor who did medical examination first and then did the post-mortem on the body of the deceased. The injuries resulted in death. There is nothing on record which would deviate from the conclusion drawn by the Trial Court to the effect that the guilt of accused is proved to the hilt on record. I, therefore, conclude that the learned Court below was right in holding the accused guilty for causing grievous injuries to the deceased and simple injury to the informant.