RAGHUBAR SINGH AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE present appeal has been directed against the judgment and order dated 03 -02 -1982 passed by Sri K.C. Singh, the then Sessions Judge, Pithoragarh in Sessions Trial No. 18 of 1977 convicting the appellants u/s 326/34 I.P.C. and sentencing him to undergo three years imprisonment. Feeling aggrieved by the said judgment and order the present appeal has been preferred.

(2.) BRIEF facts for the disposal of this appeal are that on 19 -10 -1975 at about 10:00 a.m. the complainant Prahlad Singh went to the water tank of his village at about 11:00 a.m. to wash his face and hand. The accused -appellants whose fields are nearby the tank started hurling abuses on the injured Prahlad Singh. The injured Prahlad Singh protested the same. Thereafter the father of the appellants thrown stone from the above which hit the injured on his head and it began to bleed. Then the father of the appellants as well as the appellants came near to the injured and caught hold him. While the injured was trying to get himself released, he heard the voice of Raghubar Singh who was exhorting that the injured should be killed. Thereafter, Raghubar Singh -accused gave a blow with 'Bariath' (a sharp edged weapon) as a result of which the injured suffered an injury in his right shoulder. Immediately, Harak Ram and Soban Ram arrived there and raised alarm. When the accused saw Harak Ram and Sob an Ram coming towards the place of occurrence the accused fled away from the spot.

(3.) THE injured was brought to the hospital by Trilok Singh cousin brother of the injured. He prepared the written report EX.Ka.2 and handed over to the patwari, Chamawat. Thereafter FIR was lodged by the brother of the injured on the next date at Lohaghat at about 3:00 p.m. Thereafter the investigation was conducted by the Patti Patwari. The injured was examined by Dr. Prem Singh Chandalia -PW5 on the same evening at about 7:30 p.m. He was the medical officer. He found the following injuries on the person of the injured :