HARI RAM AND ANR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is an ap­peal against the judgment and order dated 21-4-1997 passed by the Sessions Judge, Nainital in Session Trial No. 25 of 1995 convicting the appellants under Section 302 read with Section 34 of the IPC; 307 read with Section 34 of the IPC and 506 of the IPC and sentencing them to imprisonment for life rigorous imprisonment for five years and rigorous imprisonment for one year respectively under the said three counts. The sen­tences were directed to run concurrently.

(2.) THE case of the prosecution as unfolded from the prosecution evidence is that on 20-6-1994 at about 6 p.m. appellant Hari Ram and deceased Jiwan Singh returned to their village Putgaon from Haldwani by Kumaon Motor Own­ers' Union Ltd. bus. When all the pas­sengers got down the bus left for onward journey and soon after appellant Hari Ram took deceased Jiwan Singh towards the side of the shop and gave him knife blows. Khushal Singh (PW. 2) the brother of the deceased came out from the shop and wanted to rescue his brother, but he was also inflicted inju­ries on the back by Smt. Anandi Devi, the wife of the appellant Hari Ram who was wielding a Daranti' (sickle) and had appeared there on a call given by the appellant. He was also given knife blow by the appellant. Mohan Singh (PW. 1) minor son of the deceased who was there at the scene of the occurrence went to other family members. In the way in­formant Bhim Singh (PW. 3) met him and he was told about the incident. Bhim Singh reached the spot of incident and found both Jiwan Singh and Khushal Singh injured lying there. Bhim Singh was also told about the incident by these injured. Jiwan Singh soon af­ter succumbed to his injuries at the spot.

(3.) APPELLANTS pleaded not guilty and contended that they have been falsely implicated due to enmity.