BANARASI LAL BACHOO LAL Vs. STATE

JUDGEMENT

(1.) THE appellant Banarasi Lal has preferred this appeal under S.374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr. P. C.') against the judgment and order dated 19-7-1986, passed by the then Sessions Judge, Pithoragarh in Sessions Trial No. 09 of 1986, whereby he has convicted the appellant for an offence punishable under S. 307 of Indian Penal Code, 1860 (hereinafter referred as 'I. P. C.') and sentenced him to undergo Rigorous Imprisonment for a period of seven years and a fine of Rs. 2,000/- and in default of payment of fine to further undergo R. I. for a period of six months.

(2.) IN brief, the prosecution story is that, in the night of 15th August, 1985, one Sumer Lal, father of Ragghan Lal (P. W. 5) invited Madan Lal, injured (P. W. 4) and his brother - in - law Rishi Pal at a dinner in his house situate in village Kasani, Madan Lal and Ragghan Lal are sweepers in M. E. S., Pithoragarh and used to live in M. E. S. quarters. It is said that after the dinner they both along with Rishi Pal left the house of Sumer Lal for their respective quarters near M. E. S. At about 9.45 p.m. when all these three persons reached near the house of Rana, they saw in the torch light held by Rishi Pal, accused Banarasi Lal standing by the side of the road with his hands behind. When they reached near the house of Rana, Banarasi Lal attacked on Madan Lal with Khukhari and gave two blows on the head and neck of Madan Lal. Before Madan Lal could fall on the ground, Rishi Pal held him on his arms and Ragghan Lal pounced upon the assailant Banarasi Lal and apprehended him with blood - stained Khukhari in his hand at the spot. On the alarm raised by them the neighbours, particularly the tenants of Rana's house reached there. In the mean time Major Rajendra Kumar Singh also reached there. The injured Madan Lal was held on a cot and rushed to Military Hospital. Major Rajendra Kumar Singh also accompanied him. The injured was given first aid. Major Rajendra Kumar Singh gave a telephonic message at Kotwali Pithoragarh that sweeper Madan Lal has been assaulted by other sweeper Banarasi Lal with some sharp edged weapon and he was brought to Military Hospital for first aid and request for immediate police action was made. This information was reduced in writing in G. D. No. 42 at 11.30 p.m. at Kotwali Pithragarh, the carbon copy of which is Ext. Ka. 5. Thereafter the injured Madan Lal was sent to District Hospital in a military ambulance for medico - legal and better treatment. At that time Dr. R. P. Bhatt, (P. W. 2) was on emergency duty in the District Hospital. He received the injured at 00.15 a.m. in the night of 15/16-8-1985 and examined him. The doctor found following injuries on the person of injured Madan Lal : -

(3.) CONSTABLE Ved Ram and Bhuwan Singh were sent with copy of G. D. to police club to inform the S. I. Sri Durvijay Singh (P. W. 6) to reach the scene of occurrence. Constable Ved Ram informed the S. I. that the injured was brought to District Hospital, Pithoragarh, therefore, S. I. Sri Durvijay Singh together with the above constables reached the District Hospital. The injured Madan Lal was admitted in the Hospital and he was not fit to give his statement. However, in the Hospital, Rishi Pal, brother - in - law of injured Madan Lal gave a written F. I. R., Ext. Ka. 1 to the S. I., which was transmitted by him to the Police Station through constable Ved Ram. Head Moharir Sri Mahar Singh, on the basis of written F. I. R., Ext. Ka. 1, prepared chick F. I. R., Ext. Ka. 7 and registered the case under S. 307, I. P. C. at 1.15 a.m. on 16-8-1985 against the accused Banarasi Lal vide G. D. Ext. Ka. 6.