NATHU SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This appeal is preferred by accused appellants Nathu Singh and Om Prakash against the judgment and order dated 11.09.1997 passed by Special Additional Sessions Judge, Nainital (Camp Kashipur) in sessions trial no. 95 of 1994, convicting both the appellants for offences punishable under section 307 read with section 34 of Indian Penal Code (hereinafter referred to as "IPC") and sentencing each of them to undergo five years rigorous imprisonment.

(2.) The criminal law was set in motion on the written complaint (exhibit Ka-1) submitted by PW1 Harlal Singh, father of injured Ram Gopal on 14.02.1993 to Incharge, police station Kashipur stating therein that on 14.02.1993 at about 07.30 p.m. his son Ram Gopal was returning home from his work. He had reached about one kilometers from village Mahua Kheda near the field of Fakiri Singh some unknown assailants persons caused injuries to him. PW3 Nand Kishore brought injured Ram Gopal to his house and accordingly informed his father Harlal Singh. Complainant Harlal got scribed the report from one Adarsh Kumar. On the basis of written complaint (exhibit Ka-1) chick FIR (exhibit Ka-4) was recorded in police station Kashipur on 14.02.1993 at 09.20 p.m under section 324 IPC.

(3.) Injured Ram Gopal was removed to the LD Bhatt Hospital, Kashipur where he was examined by Dr. Surendra Singh, who prepared the injury report (exhibit Ka-3) and found "two stab wounds and two incised wounds on the front and back side of chest" on the person of Ram Gopal. The injuries were opined to be dangerous to life. The detailed examination could not be done due to serious condition of the patient.