JAGDISH GIRI Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Jagdish Giri and 28 others have filed the instant appeal against the judgment and order dated 30.3.1982, passed by Sri K. N. Singh, the then IIIrd Additional Sessions Judge, Ballia in Sessions Trial No. 268 of 1979 whereby the learned Additional Sessions Judge has convicted and sentenced the appellants under Section 147, I.P.C. to undergo rigorous imprisonment of six months to them under Sections 323 read with Section 149, I.P.C. to undergo rigorous imprisonment of three months.

(2.) IT may be mentioned that the appellant No. 1 Jagdish Giri, appellant No. 3 Sahatu, appellant No. 6 Balchand, appellant No. 14 Inderdeo, appellant No. 16 Mahesh, appellant No. 23 Bhim Nath and appellant No. 26 Parikha have died. The appeal stood abated against them.

(3.) THE informant Rahamatullah was medically examined on 7.1.1979 by P.W. 5 Dr. R. N. Mishra who found one lacerated wound, one contusion and three abrasions on his person. THE same doctor examined the injured Kamta Singh and found one lacerated would on his person. THE injured Safunisas had sustained two contusion, injured Havaldar Singh had sustained three lacerated wound and one contusion, injured Smt. Jumaratan had sustained one lacerated wound and one contusion, injured Samtuallah had sustained one lacerated wound, injured Lalia had sustained one contusion and injured Jamadar Singh had sustained two lacerated wounds and two abrasions. All these injured were examined by Dr. R. N. Mishra.