KUNWAR PAL @ SURAJPAL Vs. STATE

JUDGEMENT

(1.) THIS appeal, under Section 374 Code of Criminal Procedure has been preferred against the judgment and order dated 21 -5 -1996, passed by Additional Sessions Judge, Roorkee, in Sessions Trial No. 195 of 1991, State v. Kunwar Pal @ Atara for an offence under Section 302/34 and sentencing each of them to undergo Life Imprisonments and also imposing fine of Rs. 500/ - against each of the accused/Appellants and in default of payment of fine to undergo R.I. for one year each.

(2.) THE prosecution case, in short, is that on 14 -04 -1991 at about 5:30 RM. Gajendra S/o Ranjit resident of village Mehbad Khurd @ Nagal, Rs. Bhagwanpur, lodged a written report at Rs. Bhagwanpur with the allegations that he has a plot No. 180 in village Mahammadpur Panda and plot belonging to Kunwar Pal and his brother Atara is adjacent to the above plot of the complainant and litigation is going on between the complainant and Kunwar Pal and his brother Atara and there is enmity between the parties. Kunwar Pal and Atara were pressurizing Ranjit, father of the complainant, to withdraw the case instituted against them. The further allegations made in the written complaint is that at the time of incident Suggan and Jai Ram, both residents of the village of the complainant, were cutting wheat in the field of the complainant. Ranjit, father of the complainant also reached In the field at about 11 A.M. Thereafter, Kunwar Pal, Surendera, Jitendra and Atara armed with Lathis and Tabbal came at the field of the complainant and they told if the case is not withdrawn, you will face dire consequences. All these persons also threatened to kill him and assaulted Ranjit Singh with Lathis and Tabbal. The incident was witnessed by Jai Ram and Suggan. Due to the injuries Ranjit Singh became unconscious. Suggan and others informed the complainant about the incident. The complainant got admitted his father Ranjit Singh in Roorkee Hospital where he succumbed to the injuries.

(3.) THE deceased Ranjit Singh soon after the incident was brought to JNSM Hospital Roorkee, where he was medically examined by Dr. Jugal Kishore Mittal at about 1:20 P.M. on 14 -04 -1991 and he has found as many as 28 contusions, abrasions, punctured wounds and incised wounds of various dimensions on the person of Ranjit Singh. The Medical Officer has prepared the injury report Ext. Ka. 2.