LAKHAN SINGH AND FIVE ORS Vs. STATE

JUDGEMENT

(1.) This appeal preferred Under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 6th January 1988 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 19 of 1985 State v. Lakhan Singh and 5 Ors., whereby the learned Sessions Judge has convicted the accused/appellants Rai Singh and Lakhan Singh for the offence punishable Under Section 147, 307/149, 323/149, 452 of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced both the accused to undergo rigorous imprisonment for a period of one year s Under Section 147 I.P.C., 4 year s rigorous imprisonment for the offence punishable Under Section 307/149 I.P.C., six months rigorous imprisonment for the offence punishable Under Section 323/149 I.P.C. and 2 years rigorous imprisonment for the offence punishable Under Section 452 I.P.C. It is directed that all the sentences shall run concurrently. The accused/appellants Smt. Bishni Devi, Smt. Sureshi Devi, Smt. Bharosi Devi and Km. Munni Devi were convicted Under Section 147, 307/149, 323/149 I.P.C. and sentenced to each of them to undergo rigorous imprisonment for a period of one year s Under Section 147 I.P.C., 4 years rigorous imprisonment for the offence punishable Under Section 307/149 I.P.C and six months rigorous imprisonment for the offence punishable Under Section 323/149 I.P.C. It is directed that all the sentences shall run concurrently.

(2.) The prosecution case, in brief, is that PW-2 Bhola Singh has lodged the report Ext. Ka-1 to the Patwari, Patwari Kshetra Chherap Dhar, Patti Raika, Tehri Garhwal with the averments that the incident said to have been taken place on 12.05.1984 at about 9:00-9:30 p.m., in village Kiwali, Tok-Dangirah. On hearing noise of weeping and screams, 10 to 12 persons reached to the place of occurrence where they saw that Buddhi Singh was lying unconscious in injured condition in his courtyard. There were multiple injuries on his head and body. Son and wife of the injured Buddhi Singh, namely, Tikam Singh PW-3 and Smt. Surma Devi were also injured and blood was oozing out. Tikam Singh has told to him that the accused persons, namely. Lakhan Singh, Rai Singh, Bishni Devi, Sureshi Devi, Km. Munni and Bharosi Devi, had inflicted injuries to them with Sickle. With the same averments the informant PW-2 Bhola Singh lodged the written report Ext. Ka-1 on 13.05.1984 at 4:00 p.m. at the Patti Patwari-Chherap Dhar, Sub District Tehri and on the basis of written report the Patti Patwari prepared the Chik First Information Report Ext. Ka-2 and a case crime No. 1/1984 Under Section 307, 325, 323, 147, 452 I.P.C was registered against the accused/applicants and entry in this regard was made in the G.D. Copy of the G.D. is Ext.Ka-3.

(3.) The injured Buddhi Singh was medically examined by the Medical Officer PW-5 Dr. H.K. Sharma at Civil Hospital, Tehri Garhwal on 13.05.1984 at 1:30 a.m., the injury report is Ext. Ka-4. And on the basis of X-Ray report, the Medical Officer has also prepared the supplementary medical report on 18.05.1984 in regard to the injuries received by the injured Buddhi Singh, which is Ext. Ka-5 on the record. On the same day at 1:30 a.m., the injured Tikam Singh was also examined by PW-5 Dr. H.K. Sharma in Civil Hospital, Tehri, that injury report is Ext. Ks-6 on the record. On the same day at about 1:30 a.m. Smt. Surma Devi w/o of the injured Buddhi Singh was also examined by PW-5 Dr. H.K. Sharma and he prepared injury report Ext. Ka-7.