BHOLA NATH Vs. THE STATE

JUDGEMENT

(1.) Bhola Nath, sole appellant in Criminal Appeal No. 1097 of 1989, stood convicted under Sec. 307 and sentenced to two years R.I. and a fine of Rs. 500.00 under Sec. 326 to seven years R.I. and a fine of Rs. 500.00 and under Sec. 148 Indian Penal Code to two years R.I. in Sessions Trial No. 410 of 1975 as recorded by the VIII Addl. Sessions Judge (Non-Metropolitan Area), Kanpur by his judgment and order dated 29.3.1979. In that very trial fifteen appellants in Criminal Appeal No. 1098 of 1979 stood convicted under Sec. 307 Indian Penal Code and similarly sentenced. Some of those appellants have also been convicted under Sec. 147 Indian Penal Code for the reason that they are carrying lathis while those who were having Kanta, Ballam and Guns were convicted and sentenced under Sec. 148 Indian Penal Code, likewise Sec. 368 Indian Penal Code was also made applicable to some of them and sentence of seven years R.I. was passed under that Sec. too.

(2.) These two appeals emerge out of the incident dated 22nd July, 1972 said to have happened at 9.30 A.M. in village Paniamau, P.S. Bhognipur, Kanpur. Arun Kumar (PW 1) has lodged a first information report at 1 P.M. on 22.7.1972 in which the aforesaid accused totalling sixteen in numbers, were nominated. Kedar Nath was said to be victim who, according to the prosecution, died as a result of the injuries inflicted by the accused side. However, he had only two lacerated wounds and one abrasion as noted in the post-mortem examination report which was conducted on his dead body by Dr. Gyanchand Gupta (PW 7) on 23.7.1972 at 12 noon.

(3.) Simultaneously with the aforesaid case, a cross report was registered at , i.e instance of appellant Bhola Nath which was lodged at P.S. Bhognipur on 22.7.1972 at 12.45 P.M. According to the case set up by the accused side (Bhola Nath's side) eight accused, namely, Bhola Nath himself, Jagdish, Ram Autar, Baijnath, Bhupendra, Tulsi Ram Chandrapal and Ram Swaroop were attacked by Kedar Nath and his party men and in that process serious gun shot injuries were sustained by the aforesaid eight appellants. It is said that Kedar Nath had received some injuries in the said incident. This cross case was also investigated and charge-sheet was prepared by the police which became the subject matter of the Sessions Trial No. 617 of 1975 which was also tried by the VIII Addl. Sessions Judge, Kanpur, wherein all accused were acquitted against which G.A. No. 2362 has been filed by State of U.P. Since both the aforesaid matters are in a sense connected, learned counsel for the parties agreed that they be taken up one after the other and having dope so, are being disposed of by this judgment.