BARU Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 26.2.1996 passed by Additional Sessions Judge, Roorkee in Sessions Trial No. 127 of 1992, State of U.P. v. Baru & Ors., whereby the appellants Rajbeer and co-accused Leelawati have been convicted under Section 147, 452, 324/149, 325/149, 323/149 of Indian Penal Code, 1860 (for short, IPC) and accused appellant Rajbeer has been sentenced to undergo one year RI u/s 147 IPC, six months RI u/s 323/149 IPC, one year RI u/s 324/149 IPC and two years RI u/s 325/149 IPC. However, co- accused Leelawati was released on probation of good conduct. Accused appellants Baru, Dharamveer, Satpal and Rajendra have been convicted under Section 148, 452, 324/149, 325/149, 323/149 IPC and each of them have been sentenced to undergo one year RI u/s 148 IPC, six months RI u/s 323/149 IPC, one year RI u/s 324/149 IPC and two years RI u/s 325/149 IPC. Each of the accused appellants have also been sentenced to undergo two years RI along with fine of Rs. 500/- each u/s 452 IPC and in default of payment of fine, each of them have been directed to undergo six months RI. All the sentences of have been directed to run concurrently. However, each of the accused appellants and the co-accused Leelawati have been acquitted of the charge of offence punishable u/s 307/149 IPC.

(2.) In brief, the case of prosecution is that on 3.1.1992 PW3 Kiran Pal had gone to his field. Then he saw that Leelawti and Rajendra were cutting bursi in their field. He asked then not to cut the bursi but they had taken the bursi with them. On the same day, at 8 pm in the evening, the accused appellants and the co-accused Leelawati came in the house of the complainant and caused injuries to Kalu Ram (PW2), Krishan Pal (PW1), Kalyan Singh and Mahendra (PW4). With these averments, FIR Ex. Ka-1 was lodged on 4.1.1992 at 10.30 am with PS Manglore, District Haridwar.

(3.) On the basis of the FIR Ex. Ka-1, the chick FIR Ex. Ka-11 was prepared by Constable Clerk Ram Pal, who also made the necessary entries in the GD. Copy of GD is Ex. Ka-12. Injured Kalu Ram, Kalyan Singh, Krishan Pal and Mahendra Singh were medically examined by PW6 Dr. SP Ahuja on 3.11992 at Govt. Hospital, Roorkee.