RADHA KRISHNA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a Criminal Appeal against the Judgment and order dated 27 -07 -1982 passed by Ist Addl. Sessions Judge, Nainital in Sessions Trial No. 08 of 1980 State Vs. Radha Krishna and others, whereby the learned Addl. Sessions Judge has convicted and sentenced the appellants U/s 304 Part II I.P.C. read with Section 149 I.P.C. to undergo R.I. for 10 years, U/s 147 I.P.C. to undergo R.I. for one year and U/s 323 read with 149 I.P.C. to undergo R.I. for one year. All the sentences were ordered to run concurrently.

(2.) THE facts, In nutshell, are that there was old enmity and litigation between the complainant Mahesh Chandra Joshi (PW -1) and Radha Krishna Pathak (appellant) regarding land. On 24.06.1979 at 06:30 p.m. Harish Chandra Joshi (PW -3), brother of Mahesh Chandra Joshi was coming back after giving milk to the milk vendor. On the way Dinesh Chandra, Satish Chandra S/o Radha Krishna Pathak and Radha Krishna appellant and Hori Lal and Munna Lal servants of Radha Krishna encircled Harish Chandra Joshi and started beating him. Sumant Kumar, brother of Mohan Chandra Joshi reached to escape Harish Chandra Joshi. The appellants and others also beat Sumant Kumar. Thereafter Mohan Chandra Joshi (PW -1) and his brother Suresh Chandra Joshi rushed to save their brothers. Seeing them the appellants and others ran away. The two brothers of the complainant received injuries.

(3.) MAHESH Chandra Joshi (PW -1) submitted written report Ex. Ka 1 at P.S. Kichchha at 08:15 p.m. on 24 -06 -1979 on the basis of which F.I.R. Ex. Ka 5 was prepared by Head Moharrir Som Dev Sharma (PW -8) and a case was registered vide G.D. entry Ex. Ka 6. The investigation was entrusted to S.I.J.C. Tyagi, (PW -9).