RAM AWADH AND OTHERS Vs. STATE

JUDGEMENT

(1.) Heard Sri Arvind Agrawal, learned counsel for the appellants and Smt. Archana Singh, learned AGA for the State-respondent.

(2.) The instant appeal has been filed by the appellants against the judgment and order dated 01.12.1982 passed by IInd Additional District and Session Judge, Gorakhpur in S.T. No. 374 of 1980 convicting and sentencing the appellant no. 1 to three years R.I. under section 308/34 IPC and one year R.I. under section 323/34 IPC, sentencing the appellant no. 2 to three years R.I. under section 308 IPC and one year R.I. under section 323 IPC, sentencing the appellant no. 3 to three years R.I. under section 308/34 IPC and to one year R.I. under section 323 IPC. One of the accused Dayaram, who was also tried along with the appellants stood acquitted for lack of evidence by the trial court. The appellant Ram Awash died during the pendnecy of the appeal and his appeal stood abated by order dated 3.4.2014.

(3.) The brief facts of the case according to the prosecution are that on 20.9.1978 at about 6.00 pm accused Dayaram was grazing his cattles in the Dhan field of the informant Ram Daras, which was objected by informant's father Ganesh but Dayaram did not pay any heed to the same, therefore the informant's father diverted the cattles for being taken to the cattels pound, the accused Dayaram went to his house and came along with other family members. The other accused in the present case armed with Lathi danda; the appellant Mahesh is said to have given lathi blow on the head of the Ganesh (informant's father) causing serious injuries to him and when the informant Ram Daras tried to save his father he was given lathi blow by accused Rajaram and Mahesh. On 21.9.1978 PW-4 informant Ram Daras lodged first information report at P.S. Belghat at 7.15 am. Both the injured were examined by PW-5 Dr. N.S. Shukla on 20.9.1978 at 10.00 pm to 10.15 pm respectively. He noted one lacerated wound 1 x 1.4 Inch bone deep of injured Ganesh and three contusion were found on the person of Ram Daras (PW-4). The injury of Ganesh was kept under observations and advised for x-ray. The x-ray report of the injured Ganesh has been proved and the same is on record, which indicates that no bony lesion or any internal damage was found. After investigation charge-sheet was submitted by PW-7 SI Bir Bahadur against the accused under section 323, 308/34 IPC.