RADHEY SHAYAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AS the above -titled appeals have arisen out of the same judgment, so are being disposed of together.

(2.) CONVICTS Radhe Shayam (A1), Pooran Lal (A2), Gurvinder @ Bander Chhap (A3) and Pappu @ Daljeet (A4) were convicted for the offences of Section 324 and 323/34 IPC by the learned Additional Sessions Judge, Rudrapur on dated 20.1.2004 in Sessions Trial No. 166/99. The said trial pertains to PS Khatima, Crime No. 97/98. All the appellants were initially tried for the offences of Section 324, 332, 504, 506, 307 IPC, but their trial culminated into conviction for the offences as stated above, while they have been acquitted for the offences of Section 332, 307, 504, 506 IPC.

(3.) THE informant Benchu Miyan was a guard in the forest range. On 14.3.1998 at 10.30 AM, when he was patrolling the forest, accused persons confronted him. As mentioned in the questionnaire of the chick report Ex. Ka - 5, the accused/appellants were inimical with the informant because he used to hamper their way while cutting the woods from the forest. Once he reported the matter to the concerned higher officer. So, the accused nurtured the animosity with him. On the date and time of the incident, as have been indicated above, he was got surrounded by all four, who were armed too. In order to save himself he got down from his bicycle and escaped towards the south of the canal as shown in the spot map Ex. Ka -3, but he was surrounded by the accused persons and beaten with the arms in their hands with the result blood oozed out from his hand and he fell down. The accused persons did not stop. They lifted the informant and began to throw him in the flowing canal. Hearing hue and cry, one Indra Lal Arya, some superior officer present in the nearby out post of the forest, came at the spot with his official gun to his rescue and scolded the accused persons in a challenging tenor. Seeing Indra Lal Arya arrived, all the four accused persons took to their heels abusing and threatening to see in future.