MAKHA @ MADDA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANTS Makha @ Madda (A1) and Kirat @ Kirta (A2), both S/o Shankar, have been convicted for the offence of section 307 r/w section 34 IPC by the learned Additional Sessions Judge, Haridwar after culmination of the impugned judgment dated 17.2.2005 rendered in the S.T. No.267 of 1999. The trial pertains to crime no.161/1998 at police station Laksar, District Haridwar.

(2.) APPELLANTS and the injured hail from the same village. Backdrop of the instant case, as emerging out from the entire evidence as well as from the statements of the accused persons u/s 313 Cr.P.C. nay the F.I.R., is that PW2 Amar Singh along with his son Tilak (PW1) did some work in the sugarcane field of appellants. Somehow the appellants became suspicious regarding some theft of their costly thing by PW1. So motivated with this background and having vengeance in their heart, appellants committed the alleged incident in the intervening night of 9/10.10.1998, most probably in the wee hours. Injured Amar Singh with his son PW1 and PW3 Samay Singh (brother of Amar Singh) were sleeping on their respective cots in the open yard of their house with a little distance of their mutual bedding. Appellants sometime in that night came in the open yard, having only a thatch shed, (where cots were lying) and assaulted PW2 with the sharp edged weapons in their hands. The blows of weapon made him seriously injured as the injuries were on the vital part of the body. Overhearing the commotion at the spot, PW1 and PW3 wake up and saw the appellants committing the incident. They immediately got up to apprehend the assailants but by that time, assailants took to their heels.

(3.) DURING the time when PW1 and PW3 were chasing and hunting the culprits, Pradhan of the village Harpal Singh had also arrived at the place of occurrence with other persons and the report had been drafted by one Prabhat Kumar, cousin nephew of the injured. The same could be lodged at the police station at 5:45 PM of the same day. Injured Amar Singh remained hospitalized for four months for his medical treatment, as deposed by him.