( 1 ) THIS criminal appeal arises out of the judgment and order dated 30-4-1981 passed by VIth Additional Sessions judge, Mainpuri in Sessions Trial No. 512 of 1980 whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of three years under Ss. 304/149, I. P. C. and for a further period of imprisonment of six months under Ss. 323/149 read with S. 147, I. P. C. Both the sentences were ordered to run concurrently.

( 2 ) AS the appellant-Prayag Singh has died, the appeal filed by him has already abated by order of this Court dated 28-1-2004. Apart from Prayag Singh and the other four appellants namely, Prithvi Singh, parmal, Nawab Singh and Ramveer Singh, one other person namely, Shanker had been made an accused in the FIR. As he had died during the pendency of the trial his case has abated by orders of the trial Court.

( 3 ) I have heard Shri S. P. Tewari, learned counsel for the appellants and the learned A. G. A.

( 4 ) IN short, the facts of this case are that there was some dispute going on between prayag Singh, Prithvi Singh and others on one side and Giriwar Singh and Bachan singh and others on the other. Proceedings under Ss. 107/116 were pending in the court of S. D. M. , Shikohabad. On account of this enmity, on 14-8-1980, when the de-ceased-Giriwar Singh along with his brother bachan Singh were going to Shikohabad, on the way near the field of Harcharan and mathuri, the six named accused persons assaulted them with lathies and kanta on the exhortation of Prayag Singh that they should be taught a lesson for indulging in endless litigations and they should be done to death. On hearing the cries, informant-Ramesh, Girish, Rajendra and Niranjan arrived at the spot. Girish, who tried to intervene, also received some injuries. On the cries of the witnesses, the accused left the spot saying that the victim has been saved on this occasion, but he would be done to death later. Thereafter, the informant proceeded to the police station Nagla Khanger with the injured Giriwar Singh, Bachan singh and Girish and lodged the report on 14-8-1980 at about 10. 45 a. m. The report was Initially lodged under Ss. 147/323/324/325, I. P. C. Constable Gulshan Singh, p. W. 8 took down the written report and prepared chik report on its basis. Thereafter the Investigating Officer S. I. Atar Singh, P. W. 5 recorded the statements of Giriwar, bachan and Girish under S. 161, Cr. P. C. and sent the injured for medical examination to Shikohabad hospital. The Investigating Officer then proceeded to record the statements of informant-Ramesh, Rajendra and Niranjan Singh and then proceeded to the spot, and prepared site plan as indicated by the informant-Ramesh.

( 5 ) MEDICAL examination was conducted on injured Bachan Singh on 14-8-1980 at 3. 20 p. m. , Giriwar Singh on 14-8-1980 at 3. 30 p. m. and Girish on 14-8-1980 at 3. 40 p. m. by Dr. M. L. Agarwal, P. W. 1 at Civil hospital, Shikohabad. The doctor found the following injuries on the person of Bachan singh : (1) L. W. in triangle, each line 1 cm. long x up to bone deep on right eyebrow clotted blood present. (2) Multiple contusion of various sizes overlapping each other on right shoulder blade, shoulder joint and outer surface of upper 2/3 of right arm (number more than 20) size 6 cm. x 2 cm. to 8 cm. x 2 cm red. (3) Multiple contusion 12 cm. x 2 cm. to 8 cm. x 2 cm. red more than 22 on whole back. (4) Contusion 10 cm. x 2 cm. red on right costal border. (5) Contusion 6 cm. x 2 cm. red oblique on post surface middle of right forearm. (6) Contusion 4 cm. x 2 cm. red bruise on post surface of right forearm 4 cm. above wrist advised x-ray. (7) Traumatic tender swelling red on whole of right hand advised x-ray. (8) Ten contusion 12 cm. 2 cm. to 8 cm. x 2 cm. red on right buttock and outer side of right thigh. (9) Contusion 2 cm. x 2 cm. red on front of right knee joint. " opinion : Injuries Nos. 6 and 7 are under observation, rest are simple. All injuries have be

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