BECHEY LAL & 6 OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 06.11.1993 rendered by Special Judge, Sessions Judge, Lakhimpur Kheri in Session Trail No. 571 of 1990 (State Vs. Bechey Lal and others) under Sections 147, 148, 307/149 I.P.C., Police Station Issanager, District Lakhimpur Kheri, whereby appellant-accused Bechey Lal, Ram Chandar, Onkar have been convicted and sentenced to undergo rigorous imprisonment of two years under Section 147 I.P.C. and rigorous imprisonment of seven years with fine of Rs. 500/- each under Sections 307/149 I.P.C. Appellant-accused Maiku, Sabbar, Kripa Shanker and Sripal have been convicted and sentenced to undergo rigorous imprisonment of three years under Section 148 I.P.C. and to undergo rigorous imprisonment for seven years with fine of Rs. 500/- each under Section 307/149 I.P.C.

(2.) Brief facts giving rise to this appeal are that when the complainant Bhanu Pratap Singh and his brothers Rana Pratap Singh, Ram Pratap Singh, Ram Bahadur Singh and Bachchoo son of Bihari resident of Village Hardashpur, Hanif son of Ghasitey resident of Samardahari and Rashid son of Farchand were sitting near the temple of "Durga Ji" situated within the limits of village Hardashpur on 01.07.1988, appellant-accused Bechey Lal, Ram Chandar and Onkar armed with "lathies", Maiku, Sabbar, Kripa Shanker and Sripal armed with "Addhi" (country made pistol) came at about 6.30 p.m. and on exhortation of accused Bechey Lal, all the accused in furtherance of common object made a fatal attack on the complainant Bhanu Pratap Singh and others with "lathis". Appellant-accused Bechey Lal and Ram Chandar also attacked Ram Pratap Singh and Rana Pratap Singh on their head with their lathies due to which both fell down on the spot. The complainant Bhanu Pratap Singh also suffered injuries in his finger of right hand due to wielding of lathies by accused Onkar Nath. All the accused intended to kill the complainant and his brothers, but they fled away making fires in air by their "Addhi" (country made pistol), as several villagers rushed to the scene of occurrence. The complainant took injured persons Ram Pratap and Rana Pratap to Police Station by Tractor Trolley. On his oral statement Chik F.I.R. (Exhibit Ka-1) was scribed and case was registered on Crime No. 71 of 1988. Consequent entries were also made in General Diary (Exhibit Ka-10). Thereafter, the injured persons were sent for medical examination, which are (Exhibit Ka-4 to Exhibit Ka-6). According to Doctor injuries of all the injured persons were caused by "lathi-danda" on 01.07.1988 between 6.00 to 6.30 p.m.. X-ray was also done of all the injured persons. X-ray reports are Exhibit Ka-7 to Ka-9. In X-ray report of injured Ram Pratap singh (Exhibit Ka-9) linear fracture of the vault of skull on occipital region was also found, which in the opinion of doctor was fatal to life. However, injuries of other injured persons were found simple.

(3.) After medical examination, the Investigating Officer visited the place of occurrence and prepared site plan (Exhibit Ka-11) on pointing out of the complainant. He also took in his possession the blood stained cloths of injured Ram Pratap Singh and Rana Pratap Singh and prepared Memo (Exhibit Ka-2 and Ka-3). After investigation, the Investigating Officer filed charge sheet against all the seven accused persons under Section 147, 148, 149 and 307 I.P.C., on the basis of which accused persons were summoned in the Court.