(1.) JUDGMENT :- This appeal has been filed by Jagjivan Lal who has been found guilty of offence u/S. 308, I.P.C. and sentenced to undergo R. I. for 3 years and for causing injury to Satish Chandra, he has been convicted u/S. 324, I.P.C. and sentenced to undergo R. I. for one year. He has been further convicted u/S. 324, I.P.C. for causing injury to Ramakant and sentenced to undergo R. I. for one year. Sentences were ordered to run concurrently.
(2.) Prosecution case briefly narrated points out that on 14-8-85 at about 12'O Clock accused was the member of unlawful assembly, the common object of which was to cause death of Sharadchandra and cause simple injury to Satishchandra and Ramakant. The accused was carrying knife at the relevant time and caused injury deliberately to Sharadchandra. He also caused injuries to Satishchandra and Ramakant. One of the accused tried to fire from country made revolver. According to the prosecution case when Satishchandra, Sharadchandra and Jawaharlal Tamrakar were going on a motorcycle from their house towards bus stand and when they reached the house of Balkumar Gupta, on account of previous enmity, the motorcycle was stopped by the accused persons. Sharadchandra stopped the motorcycle, Accused Jagjeevanlal abused him and inflicted one injury by knife which hit him on left side of chest. Satishchandra asked him not to indulge in such act, on that he was also abused and inflicted injury by Jagjeevanlal on left shoulder by knife. Ramakant Tiwari also came on the spot, who was also assaulted by Jagjeevanlal by knife. Ajaja, co-accused fired, but, did not hit anybody. Other accused persons armed with lathis started beating Sharadchandra, Satischandra, Jawahar and Ramakant, injuries were caused to them. They were taken to Mangawan hospital, where they were examined by Dr. D. P. Pandey who submitted the reports vide Ex. P/1 to P/3. Injury caused to Sharadchandra was certified to be dangerous to life and he was referred to G.M.H. Hospital, Rewa. Report was lodged of incident at police station Civil Lines, Rewa from where the same was sent to police station Mangawan. Investigation was set in. The injury report from Doctor was obtained, statements of witnesses were recorded. Sharadchandra, whose condition was critical, had been admitted in Gandhi Memorial Hospital, where by operation Dr. S. C. Sinha stopped the bleeding and operation note was prepared on his instruction by Dr. A. K. Verma vide Ex. P/8. During the investigation blood soiled clothes, of Sharadchandra, Satishchandra and Ramakant, which were obtained from Primary Health Center, Mangawan, were seized and spot map was got prepared by Patwari.
(3.) Certain accused persons were absconding initially. Challan was filed in their absence. After their arrest, after committal, separate sessions trial was registered. Thus two sessions trials, were going on vide S. T. No. 126/85 and S. T.No. 60/86. Both were tried together and decided by common judgment of the trial Court.