SHIV CHARAN Vs. STATE

JUDGEMENT

(1.) S. K. Agarwal, J. These two criminal appeals No. Ill of 1980and 112 of 1980, filed by nine appellants, arise out of an order of conviction and sentence passed by the 1st Additional Sessions Judge, Shahjahanpur, on 11-1-1980. By the aforesaid order these appellants have been sentenced to undergo imprisonment for life under Sections 302/149,1. P. C. and rigorous imprisonment for one year under Sections 323/149, I. P. C. Accused Shiv Charan and Babu Ram were also convicted and sentenced to two years' rigorous imprisonment under Section 148, I. P. C. Ac cused Sita Ram, Pritam, Sri Krishan, Rameshwar, Hori, Bhupal and Shiv Raj Singh were also sentenced to one year's rigorous imprisonment under Section 147, I. P. C. All the sentences were to run concurrently.

(2.) THE brief facts of the case, as avail able from the record are as under: Shaherdev was murdered by the appel lants on 14-9-1978 immediately after the sun set. THE motive for the murder, as detailed in the F. I. R. and the evidence, is that the deceased had a quarrel with Sita Ram son of Jhaoo Lohar and Shiv Charan son of Bhupai on the issue of gambling. THE deceased beat the two on ac count of this. THE aforesaid two persons started nursing a grudge against him. Some six months before this incident. Shiv Charan and Sita Ram were arrested by the police of F. S. Katra for an offence under the Arms Act. Sita Ram and Shiv Charan, on being released on bail, told Shaherdev at the door of the first informant, Nanhey Lal, That they are instrumental in their arrest by the police and they will be taught a lesson. Since then Shiv Charan and Sita Ram were in the look out. of an occasion to assault him.

(3.) THE injured persons were sent for medical examination. Nanhey, the inform ant, was medically examined at 2. 15 p. m. on 15-9-1978. Following injuries were found on his person. (1) Lacerated wound shaped 7 cm. x 3/4 cm. x scalp on left side head 6 cm. above left ear (2) Abrasion 3-1/2 cm. x 2 cm. on back of left shoulder. Bechey was also medically examined at 2. 30 p. m. on the same day and four injuries had been found on his person (two lacerated wounds, one abrasion and a swelling ). THE two lacerated wounds were on the shoulder. So far as Smt. Ram Kuwar, wife of Nanhey Lal, is concerned, no visible injury was found on her person, except complaints of pain on various parts of her body. She was medically examined at 2. 45 p. m. on the same day. Dodey was also medically examined on the same day at 3. 00 p. m. and three lacerated wounds, two of which are on the shoulder and one is on inner side forearm middle, as also swelling were found on his person during medical examination. In all nine injuries were found. All these persons were medical IN examined by the Superintendent. Male Hospital, Tilhar. Shahjahanpur.