RAJBIR SMGH Vs. STATE

JUDGEMENT

(1.) The appellants Rajbir Singh, Devi Shankar, and Bhalley Ram have challenged their conviction under Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred as 'the Code') and the sentence of three and a half years and a fine of Rs. 5000.00 each, awarded to them by Shri D. G. Aggarwal, Additional Sessions Judge, Bhalley Ram has filed the appeal (Gri. 97/82) from jail. Rajbir Singh and Devi Shankar have jointly filed the second appeal (Crl. A. 225/81) through counsel. This judgment is common to both the appeals.

(2.) The prosecution case in nutshell was that on April 14,1980 at about 7.00 or 8.15 p.m. in a sudden fight Kishore @ Mithu PW8 was caught by the appellants Rajbir Singh and Devi Shankar and Bhalley Ram after taking out a razor from his pant pocket assaulted him (mithu) on his face causing griveous injuries on his neck. As the learned trial court has noticed facts of the prosecution case in detail in the impugned judgment, no useful purpose would be served by repeating them.

(3.) Mr. Vashisht, counsel appointed at State expense for Bhalley Ram has urged that his client's presence at the spot has not been established and because of the discrepancies in the statements of Mithu PW8 and his friend Ashok PW7 who was accompanying him the prosecution case becomes doubtful. Learned counsel for the appellants Rajbir Singh and Devi Shankar (Gri. A 225/81) have urged that the prosecution have completely failed to establish that the assault by Bhalley Ram on Mithu was in furtherance of their common' intention. Hence the plea is that these two appellants are not liable to be convicted under Section 307 read with Section 34 of the Code.