SHEONATH Vs. STATE OF U P

JUDGEMENT

(1.) SHEONATH Singh, Latoor Singh, Kishori Singh, Harkaran Singh and Nathoo Singh have filed this appeal against their conviction and sentence recorded by Sri Arjan Dev. III Addl. Sessions Judge, Moradabad, by his judgment and order dated 31.3.1978 in sessions trial No. A -276 of 1974. Sheonath Singh and Latoor Singh appellants were convicted under sections 148 I.P.C. 302/ 149 I.P.C. 324/149 I.P.C; 325/149 I.P.C. and 323/149 I.P.C. and they were sentenced to undergo 2 years, life imprisonment, 2 years R.I. 4 years R.I. and 6 months R.I. respectively. Kishore Singh and Nathoo Singh were convicted under sections 147 I.P.C., 302/149 I.P.C. and 324/149 I.P.C. and were sentenced to undergo one year's R.I., life imprisonment, four years R.I. and 6 month's R.I. respectively. Co -accused Zora Singh, Karan Singh, Harkesh, Kaley Singh, Sahu Singh, Jhaoo Singh and Chhotey Singh were also tried along with the appellants but they were acquitted by the trial court.

(2.) OUT of the aforesaid accused persons Sheo Nath Singh, Latoor Singh, Sahu Singh and Karan Singh were armed with guns whereas Harkaran Singh, Jhaoo Singh and Chhotey Singh were said to have been armed with Tabal and the remaining accused were armed with lathis. The appellants belonged to village Rahupura. Ghosipura, P.S. Bhagatpura, District Moradabad. The complainant also lived in the same village. The appellants are collaterals which is clear from the pedigree given below:

(3.) IN this assault Genda Singh (P.W. 4), Ram Chandra (P.W. 3) Roshan, Vikram and Brijendra had received injuries. Roshan Singh had become unconscious on receiving the injuries. The accused after causing injuries and snatching the cattle had run away from thee places of occurrence and Genda Singh along with the injured persons came to his house. Shortly, thereafter, Ram Bux Singh (P.W. 2) the brother of Genda Singh returned from the jungle at the house of Genda Singh in a he after curtaining the facts of the occurrence from the injured left for police station blooding the F.I.R. but he came back to his house apprehending danger from the side of the accused who had blocked the way to the police station. The injured remained in the house of the complainant without any medical aid during the night. Next morning Ram Bux Singh took all the injured to Moradabad by train and while going on rickshaw in the City of Moradabad to police station Kotwali for lodging the report, he got the report of the occurrence typed by a typist on a shop on the way at Ghurhatti crossing and, thereafter, he reached the police station Kotwali where he handed over the report at 11.05 a.m. to the police constable Jai Narain (P.W. 6) who prepared the chik report and also registered a case under section 307/147 I.P.C. against all the 12 accused. The injured were sent from the P.S. Kotwali to the District Hospital, Moradabad where they were examined between 11.30 a.m. and 12.45 pm. All the injured except Genda Singh were, examined by Dr. Kuldeep Sagar. The injuries of Genda Singh where examined by Dr. K.S. Dong at the District Hospital. The doctor found the following injuries on the person of Genda Singh (P.W. 4):