DEV SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal under section 374(2) of the Code of Criminal Procedure (for short 'Code') against the judgment dated 29.7.1982 passed by the then 1st Additional Sessions Judge, Nainital in Sessions Trial No. 151 of 1980, convicting and sentencing the appellants to undergo R.I. for seven years under section 307 I.P.C. read with section 34 I.P.C.

(2.) APPELLANTS Chhinda Singh and Balbir Singh @ Bablu are since deceased, appeal in relation to them stand abated under section 394(2) of the 'Code'.

(3.) THE prosecution case briefly stated is that injured Darshan Singh (P.W.3) left his agricultural plot in village Bhawanipur Khulwa within the circle of P.S., Ram Nagar, district Nainital at 4 p.m. on 17.12.1979 to make sundry purchases for his house from Pirumadara. At about 5.30 p.m. when he reached near Gumanpur railway line he. was way -laid by these four appellants. They wielded Lathis, sticks, iron rod etc. in the assault. On sustaining injuries he fell there on the ground unconscious. Informant Gyan Singh (P. W. 1) resident of Himmatpur Andheria happened to pass by the site of the incident and he found the injured lying there. At that very moment Tarsem Singh and Jagatar Singh came running there and told him that the appellants namely Dev Singh, Chhinda Singh, Kashmir Singh and Bablu alias Balbir Singh had assaulted the Injured Darshan Singh after they emerged from the nearby sugar -cane field. These assailants have then fled from there. Informant with the help of his brother brought the said injured to Ramnagar hospital on a tractor -trolley. The injured was admitted in the hospital and thereafter informant, Gyan Singh got written report (Ext.Ka.4) prepared and lodged the same at P.S. Ramnagar the same day i.e. 17.12.1979 at 20.45 hours. Check F.I.R. (Ext.Ka.1) and G.D. report (Ext.Ka.2) of registration of the case under sections 308/323 LP.C. against these appellants were prepared by Head Moharir Irshad Ahmad (P.W.1) of the said police station. Investigation of the case was taken up by S.L Hari Shankar Tiwari (P.W.5) who recorded the statements of the witnesses, prepared the site plan (Ext.Ka.7) and submitted charge -sheet (Ext.Ka.9) against the appellants on 25.1.1980.