RAM AVTAR Vs. STATE

JUDGEMENT

(1.) BOTH Criminal Appeals have been directed against the judgment and order dated 02. 06. 1989 passed by Shri I. P. Singh, the then Sessions Judge, Nainital in s. T. No. 135/1988 State v. Ram Ratan and others, whereby the appellant Ram Ratan was convicted and sentenced to undergo R. I. for two years and four years under sections 452, I. P. C. and 307, I. P. C. respectively. Both ram Avtar and Bankey Lal were convicted and sentenced to undergo R. I. for two years and three years each under section 452, IPC and section 307/34 IPC respectively. Both the sentences of all the appellants would run concurrently.

(2.) THE facts, in nutshell, are that on 01. 10. 1987 at 9:10 p. m. an FIR Ex. Ka. 4 was lodged by injured Girwar Singh PW4 alleging therein that at about 8:35p. m. on the aforesaid day he was sitting on a cot inside his 'baithak'. There were two leaves of the door of that 'baithak', out of which, one of the leaves was open and other leaf of the door was bolted from inside the house. There was an electric bulb inside the house as well as outside the house. One Babu Ram was sitting on a chair towards the right side of girwar Singh PW4. Ram Sahai Singh PW5, brother-in-law of Girwar Singh was sitting on the other cot. It was further alleged that 4-5 persons standing across the road were talking with each other. In the meantime, one person came at the door of said 'baithak' and enquired whether the house belonged to Girwar Singh PW4. On this, Girwar Singh pw4 replied in affirmative and asked him to come inside the 'baithak'. When the said person entered into the 'baithak' Girwar singh PW4 asked him about the purpose of his visit and from where he came to his house. The said person told that he resided under the 'pakhad' tree situated in the vicinity of the police station and he came there to handover a piece of paper. The said paper was handed over to him. When Girwar singh PW4 tried to take his spectacles kept on his right side, the said person all of a sudden ran outside the 'baithak' and in the meanwhile appellant Ram Ratan entered into the said 'baithak', whereas Ram Avtar and Bankey Lal remained standing near the door. Ram Ratan was having a double-barrel gun in his hand, whereas Ram Avtar and bankey Lal were having 'lathis' in their hands. Ram Avtar exhorted Ram Ratan to kill Girwar Singh PW4. On this, Ram Ratan fired upon Girwar Singh PW4 which hit on the right knee as well as on his finger. Thereafter, appellant Ram Ratan stated that the job had been completed and asked his companion to run away from the spot. On this, all appellants-accused ran away from the place of incident. The incident was witnessed by Ram Sahai Singh PW5-brother-in-law of the injured and Babu Ram. Immediately after the incident Jagpal and Harbhajan saw the appellants running out of the "baithak" thereafter, Beni Singh PW3 scribed the report on the dictation of Girwar Singh PW4 and lodged it in the police station. The injured was sent to the hospital for medical treatment and his medical examination was conducted on 01. 10. 1987 at about 9:40pm. On the basis of written report, a Chick F. I. R was prepared and necessary entry was made in the general diary. The Investigating Officer started the investigation and recorded the statements of the witnesses. After completing the investigation, the Investigating officer submitted the charge-sheet before the court.

(3.) AFTER submission of charge-sheet the appellants-accused were committed to the court of Sessions for trial and the trial court framed charges against the accused persons. They denied the charges levelled against them and claimed their trial.