RATI RAM & THREE Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, preferred by the appellants u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 16.2.1994 passed by Additional Sessions Judge, Roorkee in S.T. No. 682/1988, State Vs. Satish & others, whereby the learned Addl. Sessions Judge convicted the accused/appellant Rati Ram under Sections 148, 324, 323 r/w 149, 325 r/w 149 and 452 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to two years R.I. u/s 148 IPC, two years u/s 324 IPC, one years R.I. u/s 323/149 IPC, three years R.I. u/s 325 r/w 149 and three years R.I. u/s 452 IPC. The accused/appellant Om Kumar was convicted under Sections 147, 324/149, 323/149, 325/149, 452 IPC and was sentenced to one year R.I., two years R.I., one year R.I., three years R.I., three years R.I., respectively. The accused/appellants Manga and Satish were convicted under Sections 148, 324/149, 323/149, 325/149, 452 IPC and were sentenced to two years R.I., two years R.I., one year R.I., three years R.I., three years R.I., respectively. All the sentences were directed to run concurrently.

(2.) I have heard Sri Rajendra Singh, learned counsel for the accused/appellants as well as Sri M.A. Khan, learned brief holder for the State. Perused the entire material available on record.

(3.) IN brief, the prosecution case is that on 2.9.1987 Shyam Sunder (PW5) S/o Brij Gopal (PW1) lodged the F.I.R. in the police station with the averments that on 2.9.1987 at 10:00 A:M, his father Brij Gopal was working in the field of Mohar Singh (PW2), meanwhile, accused/appellant Manga armed with country made pistol, brother of Manga armed with Lathi, Rati Ram armed with Ballam and Satish Kumar armed with country made pistol and two unknown persons armed with Lathies came in the field. All the aforesaid persons threatened his father and attacked on him. In order to save his life, his father ran towards his house. The accused persons also ran behind him and entered into his house. With the intention to kill his father, Manga fired from his country made pistol but he could narrowly escaped. It was further alleged that when his mother came to save his father then the accused persons also assaulted her. Then in defence his father used Lathi which hit Manga and he fell down. His (Manga) pistol also fell down there. Mohar Singh and Kadam Singh saw this incident and they helped his parents. It was further stated that his parents are seriously injured. His uncle (CHACHA) took them to hospital, where their medical examination was done. At the time of incident he was in his shop at Manglore. After getting the information about the said incident when he reached in the hospital then his father told the entire incident to him. With the same averments, he lodged the F.I.R. at Police Station, Manglore on 2.9.1987 at 01:30 P:M. That F.I.R. is Ext.Ka -2. On the basis of that F.I.R., Chik F.I.R. (Ext.Ka -9) was prepared by Constable Clerk Krishan Dutt Gautam. The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka -10. The investigation of this case was entrusted to Sub Inspector Yogendra Singh (P.W.9). On 2.9.1987 at 12:15 P:M, injured Smt. Kailasho was got medically examined by Dr. N.D. Arora, Medical Officer (P.W.8) and the injury report thereof was prepared, which is Ext.K -3. On the same day at 11:30 A:M, medical examination of Brij Gopal was also conducted by the same medical officer and his injury report was prepared which is Ext.Ka -4. Supplementary report of Smt. Kailasho was also prepared, which is Ext.Ka -5. X -ray of Smt. Kailasho was also conduced, the X -ray report is Ext.Ka -6. The I.O., during the course of investigation, prepared the site -plan (Ext.Ka -7) of the place of occurrence, recorded the statements of the witnesses and took the plain and blood stained leaf and plain and blood stained stalk from the place of occurrence and thereafter prepared the FARD, which is Ext.Ka -1. On completion of the investigation, the I.O. submitted the charge sheet against the accused/appellants under Sections 147/148/307/323 IPC. That charge sheet is Ext.Ka -8.