KIRAT PAL SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred 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 5.10.1998 passed by the Additional Sessions Judge, Roorkee in Sessions Trial No.79/1993, State Vs. Kiratpal Singh & others, thereby convicting and sentencing the appellant /accused Kirat Pal Singh u/s 325 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentencing him to three years' rigorous imprisonment with fine of Rs.500/- and in default, three months' further RI was awarded, and further convicting and sentencing him u/s 323/34 IPC for six months' RI. Appellants-accused Anil Kumar and Tej Pal were convicted and sentenced u/s 325/34 IPC for three years' RI each with fine of Rs.500/- each and in default, three months' RI each and both of them were further convicted and sentenced u/s 323 IPC for six months' RI. All the sentences were directed to run concurrently.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Chaman Lal (P.W.3) lodged a report at PS Laksar, District Haridwar stating therein that on 25.2.1991 at about 6:30 AM, when he went to his field, he saw the appellant- accused Kirat Singh while digging the CHAK road and the appellants-accused Tej Pal and Anil were also standing over there being armed with LATHIS. The complainant asked the appellant-accused Kiratpal Singh not to do so because by doing so, the path would be closed. On this, the appellant-accused Kiratpal Singh attacked upon him with the hilt of the spade, which hit on his forehead, while the sons of Kirat Singh, Tejpal and Anil started beating him with the LATHIS, with which they were armed. On the noise raised by the complainant, PW4 Kaliram and Tekchand, who were working in the nearby fields, came over the place of occurrence and saved him from the appellants-accused. The complainant, after getting himself medically examined, informed about the said incident, on the basis of which NCR Ex.Ka-7 was prepared u/s 323/504 IPC on 25.2.1991 at 12:10 PM. Injured Chaman Lal was medically been examined on 25.2.1991 at 9:20 AM by PW2 Dr. N.P. Bharti, who prepared the injury report Ex.Ka-2 and supplementary report Ex.Ka-3. X-ray of injured was also conducted, x-ray report is Ex.Ka-1 which was prepared by PW1 Dr. Ajay Kumar. Thereafter, on the basis of medical and x-ray reports, the case was registered as Case Crime No.30/1991 u/s 308/323/504 IPC and entry in that regard was made in the GD, carbon copy whereof is Ex.Ka-4. Investigation was entrusted to PW6 SI Ram Atar Singh, who during the course of investigation, inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-5. During the course of investigation, the I.O. recorded the statements of witnesses and on completing the investigation, filed the charge sheet, i.e. Ex.Ka-6.