The court established that the appellants, acting in common intent during a sudden quarrel, caused fatal injury leading to conviction under Section 304(II) IPC rather than murder, emphasizing sudden provocation without premeditation.

JUDGMENT :

Mohd. Faiz Alam Khan, J.

Heard Sri Sunil Kumar Singh Learned counsel for the appellants, learned AGA for the State and perused the record.

2. Aforesaid criminal appeals No. 635 of 2005 and 644 of 2005 have been filed by the appellants Siya ram, Data Ram, Ram Ratan and Ram Sewak respectively, against the judgment and order dated 11.4.2005, passed by Additional District and Sessions Judge, Court No.3, Hardoi, in S.T. No. 288 of 1995, arising out of Crime No. 36 of 1994, relating to Police Station Manjhila, District Hardoi, whereby the appellants have been convicted and sentenced, under Section 302 /34 IPC for life imprisonment and fine of Rs. 10,000/- each, in default of payment of fine two years R.I., under Section 325 /34 for five years R.I. and fine of Rs. 5000/- each, in default of payment of fine for one year R.I. and under Section 323 /34 for six months R.I.

For the sake of convenience and to avoid repetition of facts and evidence, both appeals are being decided together by common judgment.

3. The prosecution story as emerges from the record of the subordinate court is, that a written application was presented on 28.3.1994 at 9.15 A.M. to S.H.O., Police Station Manjhila, District Hardoi by Raja Ram s/o Dwarika Prasad, R/o Lokpur, Majra Kusuma, Police Station Manjhila, District Hardoi, stating therein that on 27.3.1994 at about 8.00 P.M., when he was going to extend Holi greetings, Siya Ram son of Kuber Kachi, Data Ram, Ram Ratan and Ram Sewak both sons of Bihari, who are residents of the same village, for the reason of old enmity pertaining to the passage of tractor trolley of Raja Ram, assaulted him with sticks. On an alarm raised by him, Ram Ratan son of Dwarika R/o Lokpur, Police Station Manjhila, District Hardoi, Dinesh Kumar son of Raja Ram, Ram Swaroop son of Bulaki, Hari Shankar and Majnu arrived at the spot to save him, however, they were also assaulted by the above accused persons with lathis (sticks). Hue and cry made by all of them attracted Babu Ram son of Dwarika, Ram Lal son of Immer and many other villagers, who challenged the accused persons and saved him and others from accused persons. It is further stated that the accused persons after extending threats and hurling abuses to them, fled away from the scene of occurrence.

4. On the basis of above, written application a First Information Report (Ex. Ka-1) was registered at Police Station Manjhila on 28.3.1994 at 9.15 A.M. against the above accused persons at Case Crime No. 36 of 1994, under Sections 323 , 504, 506 IPC and Investigation of the same was entrusted to Sub Inspector Shri Krishna Murari Mishra.

5. The medical examination of the injuries of the injured persons was done by P.W.9- Dr. A.K. Jain on 28.3.1994 from 12.30 onwards who reported as under:-

Injured Majanu was examined by Dr. A.K. Jain on 28.3.1994 at about 12.30 P.M. at P.H.C. Shahabad, who was identified by Constable 316 Ram Singh of Police Station Manjhila and following injuries were found on his person:-

(I) Injury No.1- lacerated wound 1.5 cm. X 1 cm. X scalp deep on the (Rt) side of head 4.5 cm. above root of nose clotts present.

(II) Contusion 4.5 cm. X 2 cm. To outer aspect and lower part of (Rt) forearm 1 cm. Above (Rt) wrist joint.

All injuries were found simple in nature caused by blunt object and duration was about one day.

On the same day at about 12.40 P.M. injured Nanhi was examined and a contusion of 5 cm. x 4 cm. on her lower eyelid red was found and injury was found simple caused by blunt object. Duration was about one day.

On the same day at about 12.50 P.M. injured Hari Shankar was examined and fo