MAHADEO KURMI Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Accused appellant Mahadeo who is reported to have since died in October, 1983 and accused appellants Ram Saran, Basdeo, Maya Ram, Ram Sewak, Shesmani and Sant Ram were convicted by Shri Kamal Kishore the then IVth Addl. Scissions Judge, Basti under Sec tion 148/324, I. P. C. and 147/323, I. P. C. respectively vide his judgment and order dated:-10-179 had come up in appeal before this court. During the pendency of the appeal the accused appellants Mahadeo had died the fact of his death has been verified by the report of C. J. M. Basti Sri J. P. Narayan dated 19-11-1994. The appeal as against Mahadeo has, therefore, abated and had proceeded only against the other accused appellants.

(2.) THE prosecution case was that on 10-6-1977 at about 8. 30 p. m. in village Viloria P. S. Domariyaganj district Basti the accused appellants had formed an unlawful assembly. THE accused appellant Mahadeo was armed with country, made pistol and the rest of the accused appellants were armed with Lathies. THEy in furtherance of the common object of said unlawful assembly had assaulted Sheo Prasad, Sumiran, Manthara and Basudeo and had caused injuries to them. After needful trial the accused- appellants were convicted as aforesaid.

(3.) I find that the injuries caused by means of blunt weapons on the person of Sheo Prasad were plain on right wrist joint and plain on back side, injuries to Sumiran caused by blunt weapons consisted of a contusion measuring 8x2 cm. on the right shoulder, contusion 6x2 cm. on the back of the right upper thigh and contusion 20x3 cm. on the middle of the back, injuries of Manthara was abrasion measuring 1/2 X 1/4 cm. on right hand and injuries of Basdeo was a defused and swelling on left knee joint measuring 2. 5 cm.