JUDGEMENT
Shri Kant Tripathi -
(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.
Mr. D. D. Yadav, the learned counsel for the surviving appellants did not press the appeal on merit and contended that he would press the appeal only on the question of sentence.
The facts of the case are that on 7.1.1979 at about 7 a.m. all the appellants came to the land of the informant Rahamatullah and started beating him as well as ladies of his family with lathis. It is also alleged that the appellant No. 3 Sahatu put the revisionist's Pilani on fire. On alarm raised by the informant and his family members, the witnesses Kamta Singh, Jamadar Singh and Habaldar Singh arrived and tried to intervene but they were assaulted seriously by the appellants. The informant lodged the F.I.R. (Exhibit Ka-1) at the concerned police station, on which basis the police registered the case for investigation and submitted charge-sheet against all the appellants after conclusion of the investigation.
(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.
It may also be mentioned that from the side of the accused Indra Deo, Balchandra, Bahatoo and Manager had sustained injuries. The accused Indra Deo had sustained three lacerated wounds. Accused Bahatoo had sustained one lacerated wound and one contusion. Accused Manager had sustained one contusion and accused Bal Chandra had sustained two contusion and one abrasion.
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