KUNDAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Kundan Lal has challenged the judgment and order dated 31.1.2002 rendered by Additional Sessions Judge, Nainital in Sessions Trial No. 434/95. The said trial pertains to PS Kiccha, District Udham Singh Nagar bearing Crime No. 14/93.

(2.) First Information Report was lodged by PW3 Ishwari Prasad with the facts that on 5.1.1993 at about 7 PM, when he along with his wife Jamuna Devi, Ms. Kamlesh Kumari (daughter of brother of informant) and his son Mohan Lal were sitting in front of the door of their house, the accused Kundan Lal (A1) and his father Mewa Ram (A2) accompanied by one other person (unnamed but relation of A2) came there. The accused persons were nurturing animosity from the informant and were armed with Kanta (sharp weapon having two piercing shafts at one end) and gun. They abused the informant and his family. Mohan Lal asked them not to abuse. So, all the three began to assault Mohan Lal with the weapons in their hands. When Ishwari Prasad and his wife nay Km. Kamlesh rushed to his rescue, they were also beaten by the assailants. This incident was witnessed by the neighbours Malkeet Singh and Tika Ram, who scolded the accused persons. Then only they could take to their heels from the spot. This way Mohan Lal suffered serious injuries. His father PW3 shifted him to Kiccha Government Hospital, where Mohan Lal was examined at 9.30 PM of the same day. Following injuries were found by the doctor on his body:

(3.) Km. Kamlesh was also examined on that day at 9.45 PM and following injury was found on her body: