KHUSHAL RAM AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 31.01.2009, passed by learned Sessions Judge, Pithoragarh, in Session Trial No. 12 of 2006, whereby appellants were held guilty for the offences punishable under Sections 307 I.P.C. read with Section 34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of four years each and to pay a fine of Rs. 2,000/- each and in default of making payment of fine to undergo additional imprisonment of six months.

(2.) Brief facts of the present case, inter alia, are that PW1 Fakir Ram got registered an F.I.R. Ex.Ka-1 on 30.08.2006 with Naib Tehsildar Gangolihat, inter alia, stating therein that in the morning of 30.08.2005 at about 6:30 A.M., PW1 Fakir Ram was going to Damde for labour work; the moment he crossed the houses of the appellants, Bhagirath Ram (decased) assaulted him on his head with stick with intention to kill him and meanwhile present appellants also came on the spot armed with stick and sharp edged weapon and started assaulting him; injured received several injuries in the incident; having heard his hue and cry, wife of PW1 Fakir Ram, namely, Smt. Rewati Devi PW2 came on the spot and she was also assaulted by all the accused; having presumed PW1 Fakir Ram dead, all the accused left the spot; meanwhile brother of PW1 Fakir Ram, namely, Ram Lal came on the spot and took him to Primary Health Centre Gangolihat for treatment. Investigation was carried by PW4 Suraj Giri.

(3.) Having investigated the matter, chargesheet was submitted against the appellants as well as Bhagirath Ram (deceased) for the offences punishable under Sections 323, 324, 307 read with Section 34 I.P.C. After committal of the trial to the Court of Sessions, learned Sessions Judge was pleased to frame charges against the appellants for the offences punishable under Sections 307 read with 34 and 324 I.P.C. Appellants denied the charges and claimed trial.