HAYAT RAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 24.04.1986 passed by learned Sessions Judge Pithoragarh in Session Trial No. 15 of 1985, State Vs. Hayat Ram, whereby the learned Sessions Judge, Pithoragarh has convicted the appellants Hayat Ram, Govind Ram, Fakir Ram, Nar Ram, Vikram Ram, Joga Ram and Jas Ram under Section 307 read with Section 149 I.P.C. and awarded a sentence for five years R.I. Appellants Hayat Ram, Jas Ram and Joga Ram were further convicted under Section 148 I.P.C. and were awarded sentence for two years R.I. Appellants Vikram Ram, Nar Ram, Fakir Ram and Govind Ram were further convicted under Section 147 I.P.C. and sentenced to one year R.I. All the sentences were directed to run concurrently. In brief the prosecution story is this on 15.6.1985 at about 9:30 A.M. the complainant Udai Ram and the injured Shiv Raj Ram were coming towards Lohaghat, alongwith their horses. When they reached at a distance of about 100 paces from Patan bridge towards Lohaghat, the appellants Hayat Ram and Jas Ram armed with axes and appellant Joga Ram armed with hammer, attacked on Shiv Ram Ram with their weapons in their hands respectively and caused injuries to Shiv Raj Ram with the intention to kill him and rest of the appellant have caused injuries on the body of Shiv Raj Ram by Lathis, fists and kicks. It is alleged that the assailants tried to victimize the complainant Udai Ram also but Udai Ram could manage to escape away from there. He went up the hill and shouted for rescue. It is also stated that on the alarm raised by Udai Ram, witnesses Bhag Ram and Girdhar Ram, who were behind them at some distance rushed to the scene of occurrence and challenged the assailants whereupon the Udai Ram ran away from the scene. After leaving injured Shiv Ram in the serious condition on the spot, the complainant Udai Ram then rushed to the Lohaghat where he got written F.I.R. Ex. Ka. 1 prepared by Bhuwan Chand and lodged the same at the Police Station Lohaghat. On the basis of the written F.I.R. Ex. Ka. 1, Head Moharrir Kharak Singh PW3, prepared the chick F.I.R. Ex. Ka. 2 and registered the case against the appellants under Section 147, 148 and 307 I.P.C. in G.D., copy of which is Ex. Ka. 3. S.I. Sri Tara Datt Joshi PW3 was also present at Police Station when the case was registered. He started the investigation and proceeded alongwith the Constables to the place of occurrence. On reaching there he found Shiv Raj Ram lying badly injured and unconscious due to the injuries. Since the condition of the injured was serious, hence he managed to send him immediately to P.H.C. Lohaghat for medical aid where he was examined by Dr. Rajesh Singh.

(2.) THE Investigation Officer Sri Tara Datt Joshi in presence of the complainant inspected the place of occurrence and prepared the site plan Ex. Ka. 12. He also took the blood stained earth and plain earth from there and kept them in two sealed tins and prepared memo Ex. Ka. 13. He searched the assailants named in the F.I.R. near around the scene of the occurrence but no clue could be traced out. The Investigation Officer then came to P.H.C. Lohaghat. He tried to record the statement of the injured which he could not do as the injured was unconscious at that time. He however, took the blood stained clothes from his person, and sealed them and prepared memo Ex. Ka. 14.

(3.) ON 19.6.1985 Vikram Ram, Joga Ram and Hayat Ram were arrested by Sri Tara Datt Joshi, Investigating Officer near Patan bridge. He brought them to Police Station in custody. During the interrogation, appellant Joga Ram informed him that the Kulhari used by appellant Jas Ram in commission of the offence had been hidden by him (Joga Ram), in his house which he can produce. Appellant Joga Ram then in custody led the police party alongwith the witness Gopal Singh and Shiv Raj Ram (not to be confused with the injured Shiv Raj Ram) to his house situated in village Raikot and produced the Kulhari before the I.O. The I.O. prepared the memo in the presence of witness Ex. Ka. 17. He also prepared the site plan of the place of discovery of Kulhari which is Ex. Ka. 18. After recording the statement of injured and the other witnesses and after completing the investigation, the I.O. submitted charge -sheet Ex. Ka. 19 against the appellants in the court of the Chief Judicial Magistrate, Pithoragarh.