RAJA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANTS Raja Ram and Madan Lal have challenged the legal admissibility of the judgment and order of their conviction dated 24.2.2003 rendered by learned Additional Sessions Judge, U.S. Nagar in Sessions Trial No.145 of 2000, which pertains to crime no.802 of 1999 at police station Kichha. In the said trial, both the accused persons were tried for the offences u/s 307/34 IPC but the trial culminated into their conviction for the offence of section 324 IPC, wherefor they both have been sentenced to one year's rigorous imprisonment nay fine of Rs.1,000/ -. Having heard the learned counsel for the appellants as well as the State counsel, it transpires that the injured PW2 Mohan Lal was in well acquaintance with the appellants and they also resided not far from each other. On 4.9.1999 at about 9 PM, both the appellants came to the house of injured Mohan Lal and took him in their company to the nearby sugar factory Kichha. All three consumed the liquor. When PW2 Mohan Lal was made relatively more intoxicant, then both appellants began to show their tenor as if they were going to assault PW2. Sensing their gestures and actions, PW2 ran towards his house but he was caught by the appellants having been chased for few paces. Appellant Raja Ram gave a blow of knife on the left 2 shoulder of PW2. Hearing the commotion, PW1 Ram Murti (brother of PW2) came out from his house and scolded the appellants in a challenging tone. Seeing the arrival of PW1, accused persons took to their heels from the spot while abusing. PW2, having been injured, fell down on the earth. By that time, his mother and Gram Pradhan Liyakat also arrived there, who shifted the injured to government hospital Kichha where he was medically examined at 11:55 PM of 4.9.1999. The injuries recorded in his injury report Ex.Ka -3 are as under: - 1. "One incised wound size 7.00 cm ant. Post. On

(2.) 00 cm Trans. X bone deep on top of left shoulder joint, red in colour. Fresh, profuse bleeding present. Bone parts seen. Advised x -ray of left shoulder.

(3.) ONE abrasion size 1.00 cm Trans. X 0.5 cm on lateral part of left upper eyelid. Red in colour. Fresh bleeding present." 2. In the opinion of doctor, injury no.1 was caused by a sharp -edged object while injury no.2 was caused by a hard and blunt object. Both the injuries were fresh in duration. Injured Mohan Lal was found under intoxication having consumed alcohol. 3. Learned counsel for the appellants has drawn the attention of the Court towards a very minor and little discrepancy in the deposition of PW1 Ram Murti that he has stated his house located in the north of sugar factory. I have seen the spot map Ex.Ka -4 prepared by the I.O. and found that the house of PW1 is in north -east of sugar factory. So, this discrepancy is not of such gravity as to belie his testimony.