KISHAN LAL S O RANGA LAL 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 04. 09. 1990 passed by the Sessions Judge, Dehradun in Sessions Trial No. 124/1989 State vs. Kishan Lal and another whereby the learned Sessions Judge has convicted the accused/appellant for the offence punishable u/s 376, 323, 452 of The Indian penal Code, 1860 (hereinafter referred to as the I. P. C.) and sentenced him to undergo 7 years" R. I. , 3 month's R. I. and 3 years" R. I. under Section 376, 323, 452 I. P. C. respectively. It was further directed that all the sentences shall run concurrently. By the same judgment and order the co-accused ram Bahadur was acquitted from the charges levelled against him.

(2.) I have heard Sri I. P. Kohli, learned Amicus-Curiae for the appellant 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.

(3.) THE prosecution case, in brief, is that on 14. 07. 1989 at 7:00 p. m. complainant Gagan Bahadur has lodged an oral report in the Reporting Out Post- Basant Vihar, Police Station kotwali, Dehradun with the averments that in the morning of 14. 07. 1989 at 8:00 when he had gone to fetch water from a tap, there he saw his Napalies brothers gathered there and on that place he came to know that Smt. Maya Devi was beaten badly with LATHEE and DANDAS, after entering her house in the night. It is averted that he also saw the injuries on her mouth and head. Blood was oozing out from her injuries. She was incapable even to talk. The injured Smt. Maya Devi was taken to Doon Hospital for treatment. On the basis of the oral report the Chik First Information Report Ext. Ka-7 was prepared by PW-4 Head Moharir Rajveer Singh. An entry was made in the General Diary, a copy of which is Ext. Ka-8. A case crime no. 65/1989 u/s 452, 308 I. P. C. was registered against unknown person. Lateron on the same day, Section 376 I. P. C. was added vide G. D. entry No. 39 at 11:30 p. m. , copy of the g. D. is Ext. Ka-9. The victim Smt. Maya Devi was medically examined by PW-5 Dr. A. P. Mamgain, Medical Officer on 14. 07. 1989 at 9:50 a. m. at Doon Hospital, Dehradun who prepared medical report Ext. Ka-10. Smt. Maya Devi was again sent for medical examination on the next day i. e. on 15. 07. 1989 where she was medical examined by PW-2 Lady doctor Smt. Asha Mamgain, Medical Officer Women Hospital, dehradun who prepared medical report Ext. Ka-1 in this regard. On 15. 07. 1989 a Pathology Report was prepared by the medical Officer, Govt. Women Hospital, Dehradun, that report is Ext. Ka-3. X-Ray report Ext. Ka- 4 was prepared by Dr. B. C. Ramola. A supplementary report was prepared, a copy of which is Ext. Ka-2 on the record. Thereafter the co-accused ram Bahadur was put for the test identification; the memo of test identification is Ext. Ka-6 on the record. Investigation of the case was entrusted to PW-7 S. I. J. P. Juyal who during the course of investigation prepared site-plan Ext. Ka-11. He also recorded the statement of the witnesses and after completing investigation, he submitted charge sheet Ext. Ka-12 against the accused/appellant and against co-accused Ram Bahadur on 14. 09. 1989.