CHHEDU Vs. STATE OF U P

JUDGEMENT

(1.) G. R Mathur, J. This appeal has been preferred by Chhiddu Singh, Sheo Prakash, Sheo Bir Sigh and Ghanshyam Singh against the judgment and order dated 25-9-1980 of Vlth Additional Ses sions Judge, Kanpur in S. T. No. 10/m of 1980 convicting the appellants under Sec-lions 323, 324 and 302, read with Section 34 I. P. C. and sentencing them to 9 months' R. I. , one year R. I. and imprison ment for life respectively, the sentences having been ordered to run concurrently.

(2.) THE case of the prosecution, in brief, is that the appellants deceased and injured belonged to village Karauli where there is an irrigation channel through which the villagers irrigate their fields. THE parties are collaterals and litigation regarding some property was going on between them due to which their relations were strained. THE agricultural land of deceased Beni Singh is adjoining to the agricultural land of accused Chhiddu Singh, which is on the eastern side. THE irrigation channel runs parallel to their fields and the water flows from west to east. THE deceased Beni Singh and his sons were irrigating their field from the aforesaid channel on 14-10-1979. At about 12. 00 noon Chhiddu Singh armed with lathi, Sheo Prakash Singh and Sheo Bir Singh armed with tabbals and Ghanshyam Singh armed with Sela (flat spear) came there and started to divert the flow of water to their own field which was objected to by the sons of Beni Singh. Chhiddu Singh said that hewould definitely irrigate his field on that day which was resisted by the sons of Beni Singh. THEreafter, all the four ac cused started assaulting with the weapons which they were carrying due lo which Beni Singh and his three sons Munna Singh, Ram Kumar and Vijai Kumar Singh received injuries. Beni Singh died on the spot. Later on Vijay Kumar Singh also succumbed to his injuries on 23-10-1979. Awritten F. I. R. of the incident was lodged by Ram Avtar Singh at 3. 15 p. m. on 14- 10-1979 at P. S. Bidhnu, which is 8 miles from the place of occurrence. Inthef. I. R. ,itwas mentioned that the brothers of the inform-anl had also wielded lathis due to which some injuries were caused to theaccused.

(3.) BEFORE considering the ocular tes timony, it will be useful to refer to the medical evidence on record. The injuries sustained by the complainant party may be noticed first. P. W.-7 Dr. Anil Kumar Mish-ra, Incharge P. H. C. , Bidhnu examined P. W.-3 Ram Kumar Singh, son of Beni Singh at 10. 00 a. m. and found the follow ing injuries on his person: (1) Contusion oblique 6. 5 cm. x 1. 5 cm. in size on the Lt. Scapula. (2) Abrassed contusion 6. 5 cm. x 6 cm. in size on the dorsum of Rt. hand. (3)Contusion of 6 cm. x 2 cm. in size on the Lat. aspect of Rl. Knee. (4) Abrasion 1 cm. x 0. 2 cm. on the Rt. side of groin 9 cm. middle from the ant. Sup. iliac spine of Rt. side.