RAMPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANTS Rampal, Moni Sharma, Satis and Somdutt have assailed the judgment and order of conviction dated 2.7.2002 rendered against them by the Additional Sessions Judge/Ist F.T.C., Roorkee in Sessions Trial No. 284/95, State v. Rampal and 3 Others. The said trial pertains to Police Station Gangnahar, Crime No. 113/95. All these accused persons were tried for the offences of Section 452, 307, 323, 324, 504 IPC. Trial culminated into their conviction for the offences of Section 452 and 307/34 IPC. They have been appropriately sentenced by the Trial Judge.

(2.) THE backdrop of the prosecution version as disclosed in the FIR is that Rampal Kashyap, resident of Nayi Basti, Shyam Nagar, Roorkee intruded in the house of injured Mulkraj along with his some companions. They started to beat Mulkraj. Seeing the occurrence, his daughter Ms. Geeta Saini (informant) and his father raised alarm. Meanwhile, Rampal Kashyap stabbed the knife blow in the abdomen of her father while his other companions gave the blows of iron rods in their hands. When the hue and cry was raised there, the assailants escaped from the spot to see the victim sometime again in the future. The informant Ms. Geeta Saini has also mentioned the presence of her maternal uncle in the house at the time of incident. She with the assistance of her maternal uncle, shifted his injured father to the Government Hospital and got this FIR Ex. Ka -1 drafted by one Raj Kumar Saini and presented it at the police station on the same day after two and half hours of the incident. The police station was one and half kilometre away from the place of incident. It is also pertinent to mention that the injured/victim, informant as well as all intruders are the residents of the same Mohalla Nayi Basti, Shyamnagar.

(3.) MULKRAJ injured was operated on 4.7.1995 by a private surgeon Dr. Karan Singh. His report is Ex. Ka -4. He has mentioned the injuries and the treatment extended to the injured as follows: