MUKHRAM Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) APPELLANTS Mukh Ram (A1), Sarjeet (A2), Surender (A3) and Suresh (A4) have challenged the judgment and order of conviction dated 29.09.2003 rendered by learned Additional Sessions Judge, Haridwar, whereby they were found guilty for the offences under Section 323, 324/34 and 506 IPC. The Sessions Trial No.199/2002 having crime No.150/2001 pertains to the Police Station Laksar, District Haridwar. A1 is the father, while A2, A3 and A4 are the sons of A1. They have appropriately been sentenced by the learned Judge.

(2.) IT can also significantly be noted that the injured as well as the accused persons are the next -door neighbours of the same village. They had longstanding animosity persisting between them. The backdrop of that enmity was erection of a wall by the accused persons, which was being objected by the injured/victim. A civil litigation was also pending between them for the same.

(3.) THE incident occurred in the intervening night of 10/11 -07 -2001 at about 10 P.M., when all the accused persons, being armed with weapons, came in front of the house of injured where he was sitting. They hurled abuses to the injured and exhorted each other to apprehend the victim and kill him. At the same time, Surender (A3) inflicted the injury on the neck and chest of the victim by giving a blow of Palkati (a sharp edged weapon), while rest of the accused persons gave severe beating to the victim with Lathis and batons. On hearing the hue and cry, neighbours assembled to the rescue of the victim and on noticing the arrival of neighbours, accused persons fled away extending the threat to kill the victim in future at some opportune moment. Victim was immediately shifted to the Government Hospital, Laksar and the F.I.R. was lodged by Smt. Atari (wife of victim Ram Singh) having got scribed by Mr. Pramod Kumar (Pradhan of the Village). This report is Ex.Ka -1, Chick report wherefor is Ex.Ka -5. The police station is 7 kilometers away from the place of the occurrence, while the report could be lodged at 1:00 A.M. of that intervening night.