GAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred u/s 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 13.10.1993 passed by the Addl. District & Sessions Judge, Haridwar in Sessions Trial No. 381 of 1991 State vs. Gajendra Singh and another whereby the learned Addl. District & Sessions Judge has convicted the accused/appellants for the offence punishable u/s 324 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced them to undergo 6 months' rigorous imprisonment. I have heard Sri Bhuwanesh Joshi, holding brief of Sri Vivek Shukla, learned counsel for the appellants and Sri Harish Pujari, learned Addl. Govt. Advocate for the State and perused the record of the Trial Court and entire material available on record.

(2.) THE prosecution case, in brief, is that the complainant Ganga Prasad (PW 3) lodged a First Information Report at Police Station Ranipur, District Haridwar on 10.01.1990 at 11:50 a.m. with the averments that he was living with his family at Tibri and his younger brother Chandan Singh (injured) was engaged as tailor in the shop of the Mayur Tailors. It is averted that on 08.01.1990 at about 9:00 p.m. after completing his work his brother Chandan Singh was returning to his house riding on a bicycle and when he reached at the Forest Chowki Tibri the accused/appellants Gajendra Singh and Bittu alongwith their two companions had met him and they invited his brother to take a meal. As the accused/appellants were acquainted to his brother, therefore he went with them. They all took meal. Due to the old grudge with Chandan Singh, the accused Gajendra Singh asked to his companions to kill Chandan Singh and on his extortion, the accused/appellants Gajendra Singh and Bittu alongwith other -assailants had attacked on Chandan Singh with intention to kill him with the knife causing injuries to him. Chandan Singh made screams, but his mouth was shut by the accused/appellant. Presuming it that Chandan Singh has died, the accused/appellants alongwith their companions fled from the place of occurrence. The injured Chandan Singh was taken to the Hospital at Haridwar. It was further averted that there were 14 injuries on the person of the injured Chandan Singh and he was busy in the treatment of the injured Chandan Singh that is why he could not lodge the report in time. With the same averments Ganga Prasad PW -3 has lodged the First Information Report Ext. Ka -2. On the basis of the written report, the Head Moharrir has prepared the Chik First Information Report Ext. Ka -6 on 10.01.1990 mat 11:50 a.m. Entry was made in the General Diary, a copy of the G.D. is Ext. Ka -7. The injured Chandan Singh was medically examined by PW -5 Dr. O.P. Sharma, Medical officer on 09.01.1990 at 8:00 a.m. at District Hospital, Haridwar, who prepared the medical report Ext.Ka -8 in this regard. Investigation of the case was entrusted to PW -4 Sub Inspector Udai Prasad Yadav. During the course of investigation, the Investigating Officer has taken in his possession the bloodstained clothes of the injured Chandan Singh and recovery memo Ext.Ka -1 was prepared. The I.O. has also taken in his possession the bloodstained stones, leaves and cement -encrust and recovery memo Ext.Ka -3 was prepared. The I.O. has also prepared the site -plan Ext.Ka -4 of the place of occurrence, after making spot inspection. During the course of investigation, the Investigating Officer has recorded the statement of the witnesses and after completion of the investigation he submitted charge sheet Ext. Ka -5 against the accused/ appellants u/s 307 I.P.C.

(3.) LEARNED Addl. Sessions Judge, Haridwar after hearing the parties on 18.11.1991 framed the charge of offence punishable u/s 307 read with Section 34 I.P.C. against the accused/appellants Gajendra and Bittu @ Deepak. The charge was read over and explained to the accused persons who pleaded not guilty and claimed to be tried.