TMI Blog1992 (9) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 148 I.P.C. also and A-1 Sita Ram was also tried under Section 25 of the Arms Act. The trial court acquitted all of them. The State preferred an appeal and the Division Bench of the High Court convicted the appellants before us under Sections 302/149 and sentenced each of them to undergo imprisonment for life. They were also convicted under Sections 307/149 and sentenced to seven years R.I., under Sections 325/149 and sentenced to five years R.I. and under Sections 379/149 and sentenced to three years R.I. A-1 was also convicted under Section 25 of the Arms Act and sentenced to one year R.I. The sentences were directed to run concurrently. The prosecution case is as follows. The accused, the deceased and the material witn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked them not to kill Bindeshwari Singh, three accused namely A-4, A-9 and A-10 who had lathis in their hands went near him and started beating him. P.W. 12 fell down and requested them not to beat further. P.Ws 13 and 17 hearing the cries reached the place of occurrence. Seeing them the accused ran away. Munshi Mahabir Prasad, P.W. I made arrangement for a cot and handed over the dead body to the Manager of Benti Farm. Thereafter he went to the Police Station, Kunda alongwith injured Jagannath P.W. 12 who gave a report which contained all the details. P.W. 3 Lal Pratap Singh also accompanied. A case was registered. P.W. 12 was sent to the hospital where he was treated by Doctor, P.W. 20 and he found on him 10 injuries. P.W. 22, S.I. took up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants after considering the prosecution evidence against each of them. 2. In this appeal, the learned Counsel for the appellants submitted that the High Court while reversing the order of acquittal ought to have considered each reason given by the trial court and even if an alternative view was possible, that was not a ground for the High Court to interfere and convict the accused. 3. To satisfy ourselves, we have gone through the evidence of the eye-witnesses as well as the medical evidence. There are five eye-witnesses i.e. P.Ws Nos. 1, 3, 12, 13 and 17. P.W. 12 is an injured witness whose presence cannot be doubted. He has given the FIR at the earliest point of time. All the details are mentioned in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complete. Only three teeth of the denture were broken. The Doctor even did not say that the injuries cumulatively were sufficient in the ordinary course of nature to cause death. There is no injury on any of the vital organs. This only shows that the common object of the unlawful assembly was only to belabour the deceased, the Manager of the Raja who was getting the land ploughed and according to the accused the ploughing was being done high-handedly. Under these circumstances we are of the view that it is not safe to convict the appellants under Section 302/149 I.P.C. Accordingly we set aside their conviction under Sections 302/149 I.P.C. and sentence of imprisonment for life. Instead we convict them under Section 304 Part II I.P.C. and s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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