DHARAMBIR Vs. STATE

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 28-05-1994 passed by the Additional Sessions Judge whereby the three appellants were convicted under Sections 302/307/34 IPC and the order dated 30-05-1994 vide which they were awarded different sentences of imprisonment and fine they have filed the CRIMINAL APPEAL NO. 140 of

(2.) "Å " " ¦ " ¦. at about 3 p.m. on 25-08-93 Murari Lal along with his wife Saroj had gone to the utensils shop were Gobind and Ashok, his younger brothers were present. He parked his scooter near the shop and then he complained to his uncle Jagdish who was present at his shop by saying as to why his sons abused Saroj un-necessarily at this, Jagdish sprang up towards Saroj with danda in order to attack her. At this, he tried to prevent Jagdish from beating his wife Saroj who in turn got aside in order to save herself but in the meantime, sons of Jagdish namely Rajinder and Dharambir also joined Jagdish and came there armed with scissors and knife. Dharambir then gave the knife blow in his abdomen as a result of which, he started bleeding. His brother Gobind then raised an alarm and tried to release Murari from the clutches of Dharambir and Rajinder. However, Rajinder and Dharambir attacked Gobind with knife and scissors. Gobind received injuries and started bleeding profusely. Gobind fell down on the ground. A large number of people collected at the spot. He along with Gobind were removed to the hospital " ¦ " ¦ " ¦ " ¦ " ¦ " ¦ " ¦ " 

(3.) The above version of Murari Lal was sought to be established during the trial by the prosecution by examining four eye witnesses of the occurrence including the injured-informant Murari Lal. The other three eye-witnesses were PW-2 Anil Kumar, PW-3 Saroj Bala and PW-5 Ashok Kumar.