MANNA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. Each of the above named appellants has been convicted and sentenced to imprisonment for life under Section 302 read with Section 1491. P. C. to undergo 3 years R. I. under Section 325/149 I. P. C. two years R. I. under Section 324/149 I. P. C. and to undergo 6 months R. I. under Section 323/149, I. P. C. Appellants Babuwa Singh and Amar Singh nave further been sentenced to undergo R. I. for one year under Section 148 I. P. C. while the remain ing appellants have been sentenced to undergo R. I. for six months under Section 147 I. P. C. All the sentences are to run concurrently.

(2.) BY means of this appeal, the appel lants have challenged the order of convic tion and sentence dated 19-12-1980 passed by the then IX Additional Sessions Judge, Kanpur in Sessions Trial No. 5/m of 1977.

(3.) IT is alleged that on 4-7-1975 at about 6 a. m. accused Manna Singh, Daulat Singh, Babuwa Singh, Amrit Singh, Har deo Singh, Raghunath Singh, Sughar Singh and Amar Singh formed a group and collected in the disputed land. Babuwa Singh was having 'kanta', Amar Singh a Phawara (spade), Sughar Singh an iron rod and the remaining accused had lathis in their hands. They asked accused Amar Singh to dig the foundation whereupon the said accused started digging founda tion by the side of the western wall of Chhotey Singh's cattle shed. Chhotey Singh, P. W. 1 also reached there and asked the accused persons to stop digging as Pradhan has already asked them not to cause any interference, but the accused persons did not listen and continued with the digging. An altercation then ensued between them. In the meantime Manni Singh son of Girdhari Singh younger brother of Chhotey Singh also arrived there and he also remonstrated but the accused persons were not prepared to suc cumb and abused him. They started as saulting him and Chhotey Singh with their respective weapons. When Girdhari Singh and Smt. Laxmi Devi, father and mother of Chhotey Singh came to their rescue they were also assaulted by the accused persons. After assaulting Chhotey Singh and his family members accused persons retreated to their houses. Chhotey Singh took Manni Singh, Girdhari Singh and Laxmi Devi to police station Sachendi and lodged an oral report Ex. Ka-1 at 8. 45 a. m. On the basis of this report a case was registered in the general diary. ITs copy is Ex-Ka-6. Since the condition of Manni Singh was serious he was sent to U. H. M. Hospital with con stable Ram Naresh Mishra where his in juries were examined by Dr. Surya Prakash Dubey at 10. 10 a. m. Following injuries were found on the person of Manni Singh: (1) Incised wound 23. 5 cm. x 2 cm. x bone deep (skull) extending from tip of nose right side to the left parietal region. Posterior end of the wound is 9 cm. above the left ear. Bleeding was present. (2) Black eye left side. (3) Incised wound 3. 5 cm. x 1. 5 cm. x muscle on front of left fore arm lower part.