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1992 (9) TMI 372

..... the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act filed by 12 appellants. They are original accused Nos. 1, 3, 4 and 6 to 14. They alongwith six others were tried for offences punishable under Sections 147, 307/149, 302/149 and 325/149 I.P.C. Among them accused Nos. 7, 12 and 18 were tried under Section 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 sen .....

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..... thers started running. They were chased and they were surrounded by the accused who started beating Bindeshwari Singh with lathis, ballams and farsas and he received serious multiple injuries and fell down on the ground and succumbed to the injuries on the spot. When Jagannath P.W. 12 one of the sepoys asked 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 .....

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..... ately held that the witnesses examined are not such witnesses on whom implicit reliance can be placed. In the appeal filed by the State, the Division Bench of the High Court held that the reasons given by the trial court are highly unsound. The High Court however scrutinised their evidence and convicted the 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 e .....

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..... ortem, found 28 injuries. Only the first three lacerated injuries were on the head and punctured wounds Nos. 5, 6, 7, 11 and 12 were on the face but the Doctor did not find any internal damage. The Doctor noted that the teeth were artificial and the denture was 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 .....

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