STATE OF UTTARANCHAL Vs. DASHARATH AND OTHERS

JUDGEMENT

(1.) An FIR was lodged by PW2 Ram Lal against the accused-respondents Dasharath, Ram Surat and Vinod on 04.09.1999, at 05:45 A.M., in police station, Rishikesh, which was registered as case crime no. 378 of 1999, under Section 308 of IPC. The incident allegedly took place on the selfsame day between 04:30 to 05:00 A.M. The distance between the place of incident and the police station concerned was 10 K.M. According to PW2 (complainant), when his father PW1 Kishan Lal went to relieve himself on 04.09.1999, at around 04:30 to 05:00 A.M., accused Dasharath, Ram Surat and Vinod (accusedrespondents) inflicted blows of sticks on his head with the intention of killing PW1. PW1 sustained grievous injuries.

(2.) After the investigation, a charge-sheet under Section 308 of IPC was submitted against Dasharath, Ram Surat and Vinod. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offence punishable under Section 308 of IPC read with Section 34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial.

(3.) Prosecution led the evidence through PW1 Kishan Lal (injured), who said that on the fateful day, when he went to relieve himself in the morning, accused Dasharath gave a blow of lathi on his head. Dasharath s sons Ram Surat and Vinod also came, but they did not commit marpeet with him. PW1 was specific that only Dasharath assaulted him. Ram Surat and his wife raised an alarm. Mohallites came on the place of incident and saved PW1.