ATRA AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Appellants Devraj, Kiran, Atra and Dhanprakash faced the trial with the allegation that they inflicted blows of knife on Ratia and Dhanpal causing them injuries. There were two sets of accused namely, Devraj and Kiran on the one hand and Atra and Dhanprakash on the other. Charges against Devraj and Kiran were framed for the offences punishable under Sections 302, 307, 504 IPC & charges against Atra and Dhan Prakash were framed for the offences punishable under Section 302/34, 307/34, 504 IPC. All the accused were found guilty by learned trial court in relation to offences punishable under Sections 302/34 IPC and 324/34 IPC. Each of them was awarded imprisonment for life, a fine of Rs. 1500/-, in default of payment of which they were directed to undergo three months simple imprisonment (under Section 302/34 IPC) and three months rigorous imprisonment (under Section 324/34 IPC). All the sentences were directed to run concurrently. The said judgment was delivered on 11.09.2002. Aggrieved against the aforesaid judgment and order, accused persons preferred this appeal.

(2.) Complaint Ext. Ka-1 was lodged by injured Jagpal on 28.01.1994. The incident occurred on the same day at 9:15 pm. Chik FIR Ext Ka-2 was lodged at PS Jwalapur on 28.01.1994 at 10:40 pm. The distance between place of occurrence and PS concerned was two kilometers, hence there appeared to be no delay in lodging the FIR.

(3.) Prosecution story as projected through PW 1 Jagpal was that appellants wanted to grab a vacant piece of land of gram panchayat. On 28.01.1994 Km. Balesh, a cousin of PW 1 Jagpal, went to dump garbage over the same at 4:00 pm. While she was coming back to her home, appellants Devraj and Atra hurled abuses at her. Km. Balesh told the same to her brother Sompal at 9:15 pm. Sompal went to appellant Atra and enquired from him as to why did he misbehave with his sister Balesh Then appellants Prakash and Atra hurled abuses on Sompal, caught hold of him and appellants Devraj and Kiran inflicted blows of knife. Thus, the role assigned to appellants Kiran and Devraj was assaulting with knife and role assigned to appellants Prakash and Atra was catching hold. On raising alarm by Sompal, Ratia and Brahmpal reached there. Dhanprakash alias Prakash and Atra caught hold of them. Devraj along with Kiran inflicted blows of knife on them also. PW 1 Jagpal as well as Mulki along with Dharampal and Rajpal were present on the spot.