THE STATE Vs. BANSHI LAL AND ORS.

JUDGEMENT

(1.) THIS appeal, preferred by the State -appellant under Section 378 of the Code of Criminal Procedure 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 08.12.1999 passed by the Additional Sessions Judge, Dehradun in Sessions Trial No. 236 of 1996, State v. Banshi Lal and Ors., whereby the learned Addl. Sessions Judge has acquitted the respondents -Banshi Lal, Mani Ram, Ram Chandra, Kaatkoo, Bhajan Lal, Mam Chand & Indru for the offences punishable under Sections 147, 506 r/w Section 149 and Section 302 r/w Section 149 of the Indian Penal Code, 1860 (hereinafter to be referred as IPC).

(2.) IT is pertinent to mention at the outset that in the evidence the name of accused Mam Chand has been described as Pam Chand while in the judgment, his name has been disclosed as Mam Chand. The accused Pam Chand & Mam Chand is the same person.

(3.) IN brief, the prosecution case is that P.W.3 Kalyan Singh lodged an FIR with Patwari, Patti Circle Chajjar, Tehsil Chakrata, District Dehradun with the averments that on 22.4.1996 he along with Ganesh and Chatru (PW1) of his village had gone in the marriage at the house of Bhao Singh of village Harar. In the marriage, the respondents -Banshi Lal, Mani Ram, Ram Chandra, Kaatkoo, Bhajan Lal, Pam Chand & Indru came and started abusing after consuming liquor. On being asked the by complainant and his companions to the respondents not to make noise then the respondents -accused threatened the complainant and his companions to their lives. On 23.4.1996 at about 9:00 A.M., when the complainant and his companions were going to the house of Sitaboo and Saanjiya (PW2) of village Harar for taking tea, the above -said accused - respondents Banshi Lal and Ram Chandra armed with chains of cycle, accused/respondent Bhajan Lal armed with pestle (MOOSAL) and respondents -accused Katkoo, Mani Ram, Pam Chand and Indru armed with Lathis, came and attacked on the complainant and his associates with the intention to kill them. It was further averted that respondents -accused Banshi Lal and Ram Chandra with chain of cycles and respondent - accused Bhajan Lal with pestle (MOOSAL) inflicted injuries on the head of Ganesh and respondents - accused Kaatkoo, Mani Ram, Pam Chand and Indru also inflicted injuries to Ganesh with Lathi, fists and kicks as a result of which Ganesh fell down on the earth. On raising alarm by the complainant and Chatru (PW1), Ramesh Chand (PW6), Chandra Das, Bhopal Das (PW5) and other persons of village Harar came at the spot on which the accused persons ran away from the spot. While going, the accused also gave threat to kill the complainant to his life. It was further averted that Ganesh was lying unconscious on the spot and blood is oozing out from his nose, ear and mouth and it is hardly possible for him to survive. With these averments, the FIR Ex.Ka -1 was lodged by P.W.3 Kalyan Singh on 23.4.1996 at 9:30 A.M. with Patwari, Patwari Circle Chajjar, Tehsil Chakrata, Distt. Dehradun. On the basis of FIR Ex.Ka -1, P.W.11 Patwari Kunwar Singh Negi prepared the Chik FIR of the case, i.e. Ex.Ka -6. (In the Rural Hilly Areas of State of Uttarakhand, the Patwaris and certain Revenue Officials are being vested with police powers vide U.P. Govt. Notification No. 494/VIII -418 -16 dated 7.3.1916). Injured Ganesh was immediately medically been examined by P.W.7 Dr. Shri Gopal on 23.4.1996 at 9:30 A.M. and prepared the medical report Ex.Ka -3. Thereafter, the x -ray of injured Ganesh was conducted by P.W.9 Dr. Suresh Mehta and prepared the x -ray report, i.e. Ex.Ka -5. The Patwari/I.O. also recovered the pestle and chain of cycle from the bushes and for which prepared the Fard, i.e. Ex.Ka -2. Site plan of the place where the pestle and cycle chain was recovered, was also been prepared, i.e. Ex.Ka -9. The I.O. also recovered the bloodstained jacket of injured Ganesh and after taking the same into possession, he prepared the Fard, i.e. Ex.Ka -8. The I.O. also prepared the site plan of the place of occurrence, i.e. Ex.Ka -7. Later on the injured Ganesh succumbed to his injuries and the post -mortem on his dead body was conducted by P.W.8 Dr. H.G.S. Manral on 25.4.1996 at 4:05 P.M. and the post -mortem report was prepared i.e. Ex.Ka -4. The I.O. during the course of investigation recorded the statements of witnesses and on completing investigation, filed the charge sheet against the respondents -accused in the court under Section 120 -B, 147, 506, 302 IPC, i.e. Ex.Ka -10.