CHURHA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellants have been convicted and sentenced to undergo R.I. for one year under Section 147, I.P.C. and R.I. for ten years, each under Section 304, I.P.C. read with Section 149, I.P.C., per judgment dated 19.8.1983 passed, by the then Additional Sessions Judge, Dehradun in Sessions Trial No. 35 of 1982.

(2.) The appellants Churha and Kesho Ram are since deceased, there-fore, the appeals in regard to these two stand abated under Section 394 of the Code of Criminal Procedure.

(3.) Briefly stated the facts of the case as emerged from the F.I.R. and the evidence were that Karam Singh took DakhIi-Rehan (possessory-mortgage) of agricultural land having an area of three Bighas situated in his village Dhakrani, P.S. Vikash Nagar, District Dehradun, from Tulsi, the father of appellant Nanhe, about twelve years ago (from the date of the occurrence). This land was subject matter of litigation between Karam Singh and appellant Nanhe but according to the prosecution Karam Singh remained in actual physical possession of the same. On 27.10.1981 at about 1 p.m. all the appellants trespassed into the land while Karam Singh was ploughing it. A state of commotion attracted Karam Singhs brother Dharam Singh towards the said land besides co-villagers namely Raghu Ram, Samshad, Ratan and Raja Ram. All these persons reached on the land where they found Karam Singh lying injured in an unconscious state. He was immedia-tely shifted to Government hospital in Vikash Nagar on a bullock-cart and since his condition was serious the Medical Officer referred him to Christian Hospital for better management. The victim was admitted there in the evening of 27.10.1981 but he succumbed to injuries at about 6 p.m. on 28.10.1981. Informant, Dharam Singh (PW 2) then got prepared written report (Ext. Ka.7) and lodged it at P.S. Vikash Nagar at 9.50 p.m. on its basis F.I.R. (Ext. Ka.8) under Sections 147/304, I.P.C. was recorded and inves-tigation was entrusted to S.I. Kishan Singh (PW 5).