JAIPAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report (Ext. Ka -7) was lodged at the instance of PW 1 Kunwar Singh against Hoshram, Jaipal, Samay Singh and Sadhuram on 03.05.1993 in PS Laksar, which was registered as case crime No. 104 of 1993, under Sections 452, 324 & 323 IPC. The chik FIR (Ext. Ka -7) was registered on the basis of complaint (Ext. Ka -1), written by PW 1 Kunwar Singh. According to the informant, the incident took place on 03.05.1993, at 9:00 a.m. Hoshram, Jaipal, Samay Singh and Sadhuram came to the drawing room of informant and condemned/ridiculed that he (informant) was a big litigant. Hoshram and Jaipal inflicted blow of balkati (sharp edged weapon) on the head of Rajkumar. Sadhuram inflicted a blow of knife and Samay Singh assaulted Rajkumar with sticks. When the alarm was raised, co -villagers Vedpal & Budh Singh reached on the place of occurrence. The eyewitnesses saved Rajkumar, who was admitted to Government Hospital. After the investigation, a charge sheet against the accused persons was filed for the offences punishable under Sections 452, 324, 323 and 308 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges in respect of offences punishable under Sections 452 and 308 IPC read with Section 34 IPC were framed against the accused persons, who pleaded not guilty and claimed trial.

(2.) PW 1 Kunwar Singh, PW 2 Rajkumar, PW 3 Budh Singh, PW 4 Ravindra, PW 5 SI Sardar Singh, PW 6 SI Mukundi Lal Sharma and PW 7 K.P. Sarabhai were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which, the accused Jaipal said that he lodged a first information report against the informant and his brother. Present first information report was a counterblast to the first information report filed by him. Accused Hoshram, Samay Singh, Jaipal and Sadhuram said that they were falsely implicated in this case. After considering the evidence on record, learned Additional Sessions Judge, Roorkee found Samay Singh guilty of offences punishable under Sections 323 and 452 IPC. He was sentenced to pay a fine of Rs. 500/ - for the offence punishable under Section 323 IPC and a fine of Rs. 500/ - in relation to the offence punishable under Section 452 IPC. Accused Jaipal, Hoshram and Sadhuram were convicted under Sections 324 and 452 IPC and were sentenced to undergo rigorous imprisonment of six months each. All the accused persons were exonerated of the charges under Section 308 IPC read with Section 34 IPC. Aggrieved against the impugned order dated 12.10.2001 of conviction and sentence, present Government Appeal was preferred.

(3.) IN the cross -examination, PW1 said that Rajkumar was his real younger brother. When he raised alarm, PW 1 reached on the spot. Hoshram, Samay Singh and Jaipal Singh were real brothers. He admitted that Rajkumar faced trial in which Jaipal was assaulted. The wearing apparels of the injured were stained, but the same were not taken by the Police in their possession. Rajkumar was taken to the hospital after about four hours of the incident. The first information report was lodged after the medical examination of Rajkumar. He also said in the cross -examination that the accused persons inflicted blows of balkati and knife on Rajkumar. Samay Singh gave a blow of stick.