LAL SINGH & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellants Lal Singh and Kaloo were convicted by the impugned judgment rendered on 10.1.2003 adjudicating the Sessions Trial No. 238/1996. The trial pertains to Crime No. 269/96, PS Sahaspur, District Dehradun. Both accused persons were tried for the offences of Section 307/34 and 336/34 IPC. The trial culminated into finding them not guilty for the offence of Section 307/34 IPC, but instead they were found guilty by the Court below for the offences of lesser gravity to the extent of Section 324/34, 323/34 and 336/34 IPC. They have appropriately been sentenced for the same.

(2.) Having heard learned Sr. Counsel of the appellants as well as learned State Counsel, it transpires that the accused Lal Singh resides in the very close vicinity of the agricultural fields of Chaman Lal Kapoor (PW2). On the date of incident 17.4.1996 at 5.30 PM, when Km. Lalita Kapoor (PW1), daughter of Chaman Lal, along with her friend Smt. Madhu Khurana (PW3) went to have a look upon her agricultural fields, the accused Lal Singh having a Patal (a sharp edged weapon) in his hand accompanied by co-accused Kaloo Hasan came there. Lal Singh started to abuse Km. Lalita Kapoor, the main victim and the injured of the case, in aggressive tone and tenor. The resistance offered by PW1 made the accused persons more aggressive saying that they would end her life on that day itself. With this tenor, Kalu Hasan caught hold of Km. Lalita Kapoor in embracing manner and Lal Singh gave a blow of Patal on the head of Km. Lalita Kapoor. All her clothes and body were blood splashed and she fell down. Another blow of Patal was also inflicted, but it went on slipping from her body as she was wearing the jacket. However, from the second blow she got injured a little. There were other injuries also which were inflicted to PW1. On her hue and cry at the spot, Chaman Lal who was working at a few paces of distance in the field came to her rescue. Other neighbouring persons also came there. Having noticed the arrival of number of persons at the spot, the accused persons fled away. FIR was quickly lodged within one and half hour of the incident.

(3.) The injured was shifted to the Government Hospital where following injuries were reported by the doctor on her body: