JITTAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) V. D. Chaturvedi J. This appeal has been filed against the judgment and order dated 4-10-1979 passed by Sri S. D. N. Singh, the then Sessions Judge, Mirzapur in Sessions Trial No. 41 of 1976 whereby he has convicted the appellants Jittan Singh, Harinand Singh, (dead) Krishnanand Singh (dead) and Paras Singh (dead) under Section 148 I. P. C. and appellants Girja and Nirmal under Section 147, I. P. C. He has further convicted all of six appellants for the offences under Sections 304 (Part I)/149, 323/149 and 324/149, I. P. C. He awarded the sentences of imprisonment of two years R. I. for offence under Section 148 I. P. C. , one year R. I. for offence under Section 147, I. P. C. , five years R. I. for offence under Sections 304/149, I. P. C. Nine months R. I. for offence under Sections 323/149, I. P. C and one-year R. I. for offence under Section 324/149 I. P. C. All the sentences of imprisonment were ordered to run concurrently.

(2.) THE learned Sessions Judge by his said judgment and order acquitted the remaining eight accused persons, namely Randhir, Yashwant Singh, Daya Ram, Shamsher, Barkau, Hansnarain, Ujjal Singh and Gora.

(3.) THE injured persons were sent to Chunar dispensary for their medical examination and treatment, where Budhi Ram, Udai Singh, Abhay Singh and Lalmani were medically examined by Dr. B. M. P. Srivastava (P. W. 4) on 2-1-1975 at 10. 15 a. m. and onwards. THEir injury reports are Ex. Ka-3, Ka-4, Ka-5 and Ex. Ka-6 respectively.