STATE OF U P DEVI MOHAN SINGH NITUA PANNA RAMESH SUKH Vs. DEVI MOHAN SINGH NITUA PANNA RAMESH SUKH LAL STATE

JUDGEMENT

(1.) Since both these appeals have arisen out of one and the same judgment and order dated 30th of April, 1981 passed by V Additional Sessions Judge Jhansi in Sessions Trial No. 92 of 1977 State v. Devi and Ors. they are being taken up together and disposed of by one and the same judgment. All the three accused were prosecuted for an offence punishable under Section 307 read with Section 34 IPC but each of them was held guilty of an offence punishable under Section 323 read with Section 34 IPC by the court below and sentenced to a fine of Rs 500.00 thereunder and in default of payment of line to undergo simple imprisonment for one month in lieu thereof.

(2.) Brief facts giving rise to these appeals are that Munshi Ram purchased plot No. 132/1 situate at village Lahargird from one Dhani Ram, Ram Swaroop and Ram Narain. Fields of Panna and Devi, sons of Mohan Singh were situate to the east, west and south to the plot purchased by Munshi Ram. There was a well situate in the field to the east of the field purchased by Munshi Ram. At about 6:00 p.m. on 16th of December 1976 Munshi Ram alongwith his first cousin Chaman Lal went to see his field and on reaching found that Panna along with his son Nitua brother Devi and one Ramesh were digging a drain in the field aforesaid purchased by him, and as Munshi Ram and his brother Chaman Lal asked them not to dig the drain there they started hurling abuses to them and as both of them asked them not to abuse them Devi taking 'lohangi' and the remaining three namely Panna, Nitua and Ramesh with lathis assaulted Munshi Ram with their respective weapons and as Chaman Lal tried to rescue Munshi Ram they also gave him blows with the weapons wielded by them. In the meanwhile Pramod Kumar and Ram Narain rushed to the scene of occurrence and saved them. Since Chaman Lal received serious injuries both of them were sent to Civil Hospital Jhansi. It appears that on receiving the information of the occurrence Ganga Ram, father of Munshi Ram rushed to the Hospital immediately.

(3.) Injured Munshi Ram was medically examined by Dr S.C. Sahaney at 6:40 p.m. the same evening. His medical examination revealed below noted injuries on his person: