CHET RAM YADAV Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal has been instituted under Sec. 374 Cr.P.C. against the judgement of conviction dtd. 30/8/2001 and order on sentence dtd. 31/8/2001 passed by the Trial Court in Sessions Case No.64/2001 arising out of FIR No. 73/1991 registered under Ss. 308/34 IPC at P.S. Jaffarpur Kalan.

(2.) In trial, the prosecution examined a total of 12 witnesses. The complainant Dilbagh Singh was examined as PW-1. He deposed that on 12/9/1991 at about 6 PM, he alongwith the injured Roop Chand had come to look after the fields of Hans Ashram. While he had gone inside the field, the injured remained on the road. After he had reached a distance of about 20-25 feet, he heard the shrieks of the injured, wherein he saw that the appellants were beating the injured. The appellant Raj Kumar @ Raju was giving hockey blows on the head of the injured whereas the appellant Chet Ram was giving fist and slap blows. He ran towards the injured and saw Ramesh Kumar running towards the injured from the other side. On seeing them, the appellants ran away from the spot. Thereafter, he took the injured to the hospital. Ramesh Kumar was examined as PW-2, who stated that he had heard the shrieks of the sewadar Roop Chand/injured and saw that the appellants were giving beatings to the injured. Thereafter, he ran towards the injured, and on seeing this, the appellants ran away from the spot.

(3.) The injured Roop Chand was examined as PW-3, who deposed that he was working as a sewadar in Hans Ashram since 1988 and that Dilbagh Singh and Ramesh Kumar were also working as sewadars in the Ashram. He stated that on 12/9/1991 at 6:15 PM, he went to see the jawar crops with Dilbagh Singh, and while Dilbagh Singh went inside the field, he remained on the road. After some time, the appellants herein came and while appellant Chet Ram started giving fist blows to him, appellant Raj Kumar started giving hockey stick blows on his left leg and on the left side of his head. As a consequence, he started bleeding and became unconscious. He deposed that he regained consciousness in the hospital. He further deposed that the appellants were having a dispute with respect to the land of the Ashram and were therefore, inimical towards him/other associated persons. The rest of the witnesses were formal witnesses.