HARI ALIAS HARI PRASAD SINGH Vs. STATE O

JUDGEMENT

(1.) S. K. Jain, J. This Criminal Appeal has been filed by four appellants, namely Hari @ Hari Prasad Singh, Mahendra Singh, Lal Chand and Ram Singh against the judgment and order dated 6. 3. 1982 passed by learned Addl. Sessions Judge, Gorakhpur in S. T. No. 265 of 1979, State v. Hari and three others under sections 307, 326, 325/34 and 324/34 I. P. C P. S. Sikri Ganj, District Gorakhpur whereby the leaned Addl. Sessions Judge convicted the appellants Hari @ Hari Prasad Singh and Mahendra Singh for the offence under section 307 I. P. C. and sentenced each of them to imprisonment for life and convicted accused Lal Chand and Ram Singh under section 307/34 I. P. C. and sentenced each of them to undergo imprisonment for life.

(2.) DURING pendency of appeal appellant No. 4 Ram Singh died and his appeal stood abated vide order of this Court dated 14. 9. 2007. The facts which are essential for the purpose of this appeal are as follows :- That there was a litigation between the complainant Surya Bhan Singh on the one hand and appellants Hari and Ram Singh on the other hand over some agricultural field. Due to this enmity on 27. 7. 1979 at about 5. 30 a. m. when the complainant Surya Bhan Singh was going to ease himself towards the west of his village, appellants Hari @ Hari Prasad Singh and Mahendra Singh armed with pharsa and appellants Lal Chand and Ram Singh armed with lathis way laid him towards the north of the house of Brahmanand and caused injuries to him by their weapons. Complainant raised an alarm hearing which Prabhu Nath Singh, Roop Narain Singh and several other villagers arrived and rescued the complainant. The complainant suffered injuries all over his body. It was further alleged that by pharsa an injury was caused on his head and his right hand was chopped off.

(3.) THE injuries of complainant Surya Bhan Singh were examined by Dr. A. K. Srivastava PW8 on 27. 7. 1979 at 7. 45 p. m. in the District Hospital Gorakhpur. He found the following injuries on the person of Surya Bhan Singh:- (1) Lacerated wound 7 cm x 5 cm x bone deep with traumatic swelling 14 cm x 8 cm on the head, 8 cm above the right ear. Injury was bleeding. X-ray was advised. (2) Lacerated wound 2-1/2 cm x 2 cm x bone deep on the scalp towards right side 6-1/2 cm above right eye brow. Bleeding present. (3) Lacerated wound 3-1/2 cm x 1-1/2 cm x bone deep on the right side forehead just above the eyebrow outer angle. Bleeding present. (4) Lacerated wound 2 cm x 1/2 cm x scalp deep on the back of the head 8 cm behind injury No. 1. Bleeding present. (5) Lacerated wound 2-1/2 cm x 1/2 cm x muscle deep in between the little and ring finger of the left hand. (6) Contusion 5 cm x 3 cm with traumatic swelling 10 cm x 5 cm on the outer and lower aspect of left arm just above the elbow joint. (7) Incised wound 4 cm x 2 cm x muscle deep in the back and middle part of right forearm. Margins are clean cut. Bleed untouch. (8) Incised wound (clean cut) on the right fore arm 14 cm x 4 cm x bone deep, 24 cm below the elbow joint. Only a part of the skin is attached. Both the bones of the fore arm is cut. Advised X-ray. (9) Incised wound 10 cm x 2 cm x bone deep on the dorsum of the right palm upper part. Only a part of the skin is attached. Bone is also cut. Injury is 5 cm below injury No. 8. Advised X-ray. (10) Incised wound 12 cm x 2-1/2 cm x bone deep on the dorsum of right palm 1-1a cm below injury No. 9. THE bone is also cut. Only the skin of palm is attached. Advised X-ray.