SUNIL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE impregnability of the judgment and order dated 18.01.2003 rendered by learned Additional Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 330 of 1999, State v. Sunil and others, is under challenge. The learned Judge, by way of the said judgment, found all the appellants guilty for the offences of section 147, 308(149) and 323(149) of I.P.C. They have appropriately been sentenced for those offences. At the same time, they were acquitted from the charge levelled against them under sections 504 and 506 (Part -2) I.P.C. As it appears from the First Information Report, lodged on 24.02.1998 at 9.05 AM in the police station Gadarpur, all the appellants invaded into the field of informant Lal Bachan when his son Raju Prasad was ploughing the same. They all, being armed with Lathis and baton in their hands, began to beat Raju Prasad claiming their ownership over the said field. With the result, informant's son became seriously injured. On hearing the hue and cry raised by Raju Prasad, PW3 Chandrabhusan and PW4 Ram Pyare (both injured) and Sanjay Kumar came to his rescue, who too were beaten by the assailants with the weapons in their hands besides kicks and fists. On account of this extensive beating, the witnesses also suffered injuries. Having come to know, about this occurrence front his nephew Radha Mohan, informant Lal Bachan reached at the spot just within ten minutes, where the entire sequence of occurrence was also disclosed to him by his son. Accused persons also extended threat to Raju Prasad with the warning not to plough that field thenceforth. The incident occurred on 22.02.1998 at about 10 A.M. Thereafter, all the injured, namely, Chandra Bhushan, Ram Pyare and Raju Prasad were examined in the Primary Health Center, Gadarpur. From there, injured Ram Pyare was further referred for X -ray of his skull to the higher center Government Hospital Kashipur, where the same was got done. The investigation culminated into the submission of chargesheet against all the eight appellants for the offences of section 147, 308, 323, 504 and 500 of I.P.C. Learned Sessions Judge, accordingly, levelled the charges.

(2.) IT would be worthwhile to reproduce the injuries of PW2 Raju, PW3 Chandra Bhushan and PW4 Ram Pyare, which are available on record. PW2 Raju was examined on 22.02.1998 at 10:45 AM i.e. on the date of occurrence itself soon after the incident. The following injury was noted in his injury report (Ex.Ka -6): - -

(3.) NOW , the injury report (Ex.Ka -5) of PW4 Ram Pyare reveals as under: - -