JUDGMENT :

1. This criminal appeal has been instituted against the judgement and order dated 05.11.1985 passed by the Vth Additional Sessions Judge, Azamgarh in Sessions Trial No. 35 of 1984, State vs. Jheenak and others. By the impugned judgement aforesaid, the Trial Court had convicted appellants Ram Sarikh s/o Dashrath, Ram Lachhan s/o Dashrath, Dhaneshwar s/o Navrang and Shiv Chand s/o Sanehi under Sections 147, 323 read with Section 149 I.P.C. and sentenced each accused-appellants to one year’s rigorous imprisonment under Section 147 I.P.C., six month’s rigorous imprisonment under Section 323 read with Section 149 I.P.C. Both sentences were directed to run concurrently.

2. During pendency of appeal, appellant-accused, Ram Lachhan and Dhaneshwar have died and Criminal Appeal qua them has been abated vide order dated 23.09.2022. Thus, criminal appeal against accused-appellants, Ram Sarikh and Shiv Chand is pending for disposal.

3. The prosecution case, as revealed in written report dated 05.04.1980 at 10 am submitted to the Police Station Madhuban is that that informant Triveni s/o Cheekhur is resident of Daryabad, Police Station Madhuban, District Azamgarh. On 05.04.1980, when his son Chandra Pati was returning to his home from his shop, he saw that Jheenak s/o Dhaneshwar r/o Parvejpur was cutting Lathifrom his bamboos trees (Banskoth). Informant’s son forbid him from cutting Lathi. Being enraged on this, accused Jheenak started abusing the informant’s son. Hearing the noise, accused Ram Sarikh and Ram Lachhan s/o Dashrath, Dhaneshwar s/o Navrang, Shiv Chand s/o Sanehi and 12 other accused, in pursuance of common intention exhorting others, assaulted informant’s son Chandra Pati with Dandaand Bhala.

4. Hearing the crying of his son, informant Triveni reached at the place of occurrence and started defending his son. Ram Sheesh Lal fired by a country made pistol on him and his son causing injuries to them. On the basis of written report (Exhibit Ka-1) Case Crime No. 79 of 1980 under Sections 147,148,149 and 307 I.P.C. was registered against the accused-appellants. Exhibit Ka-4 is the Chik FIR. Entry of the criminal case was made in the GD as report no. 26 time 3:20 dated 05.04.1980 by the Head Moharrir present in the police station. The certified copies of the written report is Exhibit Ka-5.

5. Medical Officer, Dr. Digvijay Singh examined the informant injured Triveni on 05.04.1980 at 9:30 p.m. at PHC Fatehpur Mandav. During examination the following injuries were found on the person of injured Triveni :

1. Contusion 1.5 cm X 1 cm on middle of back crossing the midline 15 cm below the inferior angle of right scapula. Red in color.

2. Lacerated wound 0.5 cm X 0.2 cm X 0.2 cm on right palm, 4 cm below the right wrist joint.

In the opinion of the doctor injuries were simple in nature, caused by blunt object. Duration about one day old.

6. Kavalpati s/o Triveni was examined by Dr. Digvijay Singh on 05.04.1980 at 9:50 pm and following injuries were found:

1. Traumatic swelling 8 cm X 4 cm on back of left forearm, 8 cm below the left elbow joint without any color change.

2. Lacerated wound 0.8 cum X 0.2 cm right little finger on outer side near the nail bed.

3. Contusion 3 cm X 1.5 cm on left palm, inner side touching the left wrist joint. Red in color.

4. Contusion 5 cm X 1 cm on back of left knee joint outer side. Red in color.

According to the opinion of the doctor, all injuries were simple in nature, caused by a blunt object. Except injury no. 1, all injuries were about one day old. Duration of injury no. 1 could not be assessed.

7. On the basis of the injury report, the criminal case was converted into under Section 147/323 I.P.C. G.D. entry thereof is Exhibit Ka-6.

8. The investigation of the case was done by Investigation Officer, S.I. Vishnukant Singh (PW-6), who visited the place of occurrence and prepared the site plan. After investigation he submitted final report. In the case, on the direction of the C.O. concerned, the Investigatin