HARSH LAL AND ANR. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred by the appellants Under Section 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 25.9.1995 passed by Sessions Judge, Chamoli (Gopeshwar) in S.T. No. 3/1994, State v. Harsh Lal and Ors. whereby the learned Sessions Judge convicted the accused/appellants, namely, Harsh Lal, Dhanpati Lal, Shyam Lal and Banke Lal under Section 307 r/w Section 34 of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced them to undergo four years' R.I. and to pay a fine of Rs. 1,000/ - each and in default of payment of fine, to undergo further R.I. for six months. Each of the accused/appellant was further convicted Under Section 506 IPC and was sentenced to six months' R.I. All the sentences except in lieu of fine were directed to run concurrently. It was also directed that if the amount of fine is paid or realized, a sum of Rs. 500/ -shall be given to Shanti Lal PW1 as compensation.

(2.) I have heard Mr. R.P. Nautiyal, Advocate for the appellants as well as Mr. Prabhakar Joshi, Brief Holder for the State. Perused the entire material available on record.

(3.) IN brief, the prosecution case is that PW1 Shanti Lal lodged the FIR before Patwari, Bhatwari Sunar stating therein that on 17.11.1991 at about 09:30 PM when he accompanied by his brother -in -law (SADU) Jaspal was coming from the house of Jaspal and reached in the chowk of accused Dhanpati Lal then the appellants/accused Dhanpati Lal, Banke Lal, Shyam Lal and Harsh Lal surrounded him and started saying that they will not leave him alive today. He raised alarm as a result of which his brother Radhey Lal, Chotia Lal and so many other people reached on the spot. Thereupon, aforesaid four accused persons started assaulting him. Accused/appellant Harsh Lal gave a blow of Thamali on his head first and then the accused/appellant Dhanpati Lal started assaulting him with Lathi from the back side due to which he became unconscious and fell down. He was saved by Jaspal, Radhey Lal and Chotia Lal otherwise he would have been killed. Thereafter the accused/appellant went away saying that they would not leave him alive. It was further alleged that the said incident took place due to previous enmity. Next day in the morning he went to Patwari Chowki to lodge the report but the Patwari was not available so he went to Augastmuni Hospital for his medical examination. With the same averments, he lodged the FIR before Patwari Chowki, Bhatwari Sunar on 18.11.1991 at 04:00 PM, that FIR is Ext.Ka -1. On the basis of this FIR, Chik FIR was prepared by Patwari, Bhatwari Sunar i.e. Ext.Ka -4. Necessary entries were also made in the G.D., copy of which is Ext.Ka -5. (In 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). The medical certificate of the injured Shanti Lal is Ext.Ka -3 which was prepared by Dr. K.D. Sharma PW4 on 18.11.1991. During the course of investigation, the I.O. took into possession the bloodstained clothes of the injured vide FARD Ext.Ka -2 and blood falling on the place of occurrence vide FARD Ext.Ka -7. The I.O. also inspected the place of occurrence and prepared the site -plan i.e. Ext.Ka -6. During the course of investigation, the I.O. also recorded the statements of the witnesses and after completing the investigation, he submitted the charge sheet against the appellants/accused, which is Ext.Ka -8.