IMPORTANT POINT
Evidence of the defence witnesses cannot be discarded only because the number of their injuries was less.

JUDGMENT

Surinder Singh Nijjar, J. —

1. These appeals by the State of U.P. are directed against the judgment of the High Court of Judicature at Allahabad dated 7.9.2001 rendered in Criminal Appeal No. 642 of 1988 and Criminal Revision No. 611 of 1988. By the aforesaid judgment, the High Court set aside the judgment of the trial court convicting Munni Ram, Maya Ram, Ram Ugrah and Ram Ajore (respondents herein) under Section 304/34, 147 and 323 IPC as well as under Section 24 of the Cattle Trespass Act, 1871. The criminal revision challenging the acquittal of Bhagirath under Section 308/304 read with section 149 IPC was also dismissed.

2. Briefly stated, the prosecution case was that on 14.6.1983, in the afternoon, Sita Ram (hereinafter referred to as PW-2) had noticed that the buffaloes of Ram Ugrah (hereinafter referred to as respondent No: 3) and Ram Ajore (hereinafter referred to as respondent No: 4) had trespassed into his field and were damaging the sugarcane crop. He, therefore, drove them out and was taking them to the cattle pound in the village. He had only gone a short distance when Munni Ram (hereinafter referred to as respondent No: 1) met him and enquired the reason why PW-2 was driving away his buffaloes. PW-2 told him that the buffaloes had damaged his sugarcane crop, therefore, he would deposit them in the cattle pound. On hearing this, respondent No: 1 went back to his house. When PW-2 reached near the house of Ilakedar, village Pradhan, respondent No: 1, Maya Ram (hereinafter referred to as respondent No: 2), respondent No: 3, respondent No: 4 and Bhagirath (hereinafter referred to as respondent No: 5) confronted him. They were armed with lathies. They took away the buffaloes from PW-2 and assaulted him with their respective weapons. The hue and cry raised by PW-2 attracted his sister-in-law, i.e. Singari Devi, his son Ramesh and his brother Ram Kewal to the spot. When they tried to intervene, they were also assaulted by the respondents. In fact, other witnesses who came to the spot were also assaulted. In this short assault, PW-2, Singari Devi, Ramesh, Hari Ram and Ram Kewal sustained injuries on vital parts of their bodies.

3. The condition of Singari Devi and Ramesh being critical, they were brought to the District Hospital, where they were admitted. All the five injured witnesses were medically examined by Dr. G.P. Agarwal (PW-10) from 10.00 PM on wards. Ramesh Chandra was first medically examined at the District Hospital, Basti on 14.6.83 but was later admitted to the Medical College, Lucknow as his condition became critical. He succumbed to his injuries on 16.6.1983 within three hours after reaching the hospital. The post mortem examination on his dead body was conducted on 16.6.1983 at 3.00 PM by Dr. V.P. Singh (PW-8).

4. Singari Devi also died on 17.6.1983 at about 4.10 AM at District Hospital, Basti. The post mortem on her dead body was conducted on the same day by PW-10 at 4.00 PM.

5. The FIR was registered on 15.6.1983 at 7.10 AM by Avadh Prasad (PW-1). The distance of the police station is 13 Kms. from village Raunakala where the incident had taken place. Initially, the case was registered under Section 147, 308 and 426 IPC. After the death of Singari Devi and Ramesh, it was converted to Section 147, 308, 426, 304 IPC and Section 24 of the Cattle Trespass Act, 1871. On completion of the investigation, charge sheet was duly submitted and the case was transferred to the Court of Sessions and Trial Judge.

6. In support of its case, the prosecution examined PW-1, who registered the FIR of the incident in the following morning; PW-2, an injured witness, Mohd. Shami (PW-3), Dr. V.M. Agarwal (PW-4), PW-8 and PW- 10, who had examined all the injured witnesses and conducted autopsy on the deceased persons. PW-5, Tila Mohd. Khan is Head Moharrir. He had prepared the written report and also prepared the check report. According to him, he had completed the other formalities pertaining to the FIR. PW-6, Om Pra