SHRI RAM Vs. STATE

JUDGEMENT

(1.) THESE two appeals are against the judgment and order dated 19-11-1981 of the II Additional District and Sessions Judge, Sitapur, convictiag the appellants under sections 147 and 308 IPC and setencing them to six months R. I. and 11/2 year's R. I. respectively.

(2.) THE case of the prosecution was that about three years before the occurrence Jafar was assaulted by Sobaran Yadav appellant and others upon which the assailants were being prosecuted. Raj Narain informant and his family members were doing Pairvi in that case on behalf of Jafar whereas Shri Ram appellant and others were doing Pairvi on behalf of Sobaran appellant and others. Shri Ram asked Raj Narain informant not to do Pairvi and threatened to beat him but he continued to do Pairvi on behalf of Jafar. On 24-9-1978 at about 5.00 P.M. Raj Narain informant and his brothers Babu Ram, Radhey Shyam and Sheo Ram had gone to Sarai Bazar for making certain purchases. THE appellants armed with Lathis arrived there and surrounded the informant Raj Narain. THEy started assaulting him by Lathis whereupon he raised alarm. Radhey Shyam, Babu Ram and Sheo Ram rushed for his rescue but they were also assaulted by the appellants. THE brothers of the informant Raj Narain used Dandas in their private defence. On the outcry made, Jangali, Pragi Lal, Husaini. Godhan and several other persons of the Bazar arrived and saved the informant and his brothers. THE appellants thereafter went away towards village Majgawan giving threats of life and property. Raj Narain gave a written report Ext. ka-1 at Police Station Biswan on the same day, at 6.15 P.M. THE Police Station is at a distance of about four and a half miles from Sarai Bazar. On the basis of that report a case under sections 147/323/308/506 IPC was registered against the appellants. Raj Narain, Radhey Shyam, Sheo Ram and Babu Ram were sent for medical examination. THEy were examined in the Government Hospital Biswan on the same day by Dr. C. B. Singh. He found 5 lacerated wounds, 6 contusions and one abraded contusion on the different parts of the body of Raj Narain informant. On medical examination he found 5 lacerated wounds, one abraded contusion, 6 contusions and one abrasion on the person of Radhey Shyam, 6 lacerated wounds and 9 contusions on the person of Babu Ram and two lacerated wounds and one contusion on the person of Sheo Ram. According to Dr. C. B. Singh all the injuries were simple in nature. S. I. Bhagwan Bux Singh PW 4 investigated the case, prepared site-plan and submitted the charge- sheet.

(3.) THE learned Additional Sessions Judge believed the prosecution case and convicted and sentenced the appellants as mentioned above. THEy have now filed these appeals.