SHREE CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'CrPC'), is directed against the judgment and order dated 13.7.1993 passed by the 2nd Additional Sessions Judge, Dehradun in Sessions Trial No. 83/1992, State v. Savitri Devi and Ors., whereby the learned 2nd Additional Sessions Judge has convicted all the four appellants/accused, viz., Shree Chand, Smt. Savitri Devi, Ajay Pal and Smt. Seema under Section 323 read with Section 34 of The Indian Penal Code, 1860 (for short, 'IPC') and sentenced the appellant No. 1 Shree Chand and appellant No. 3 Ajay Pal to undergo rigorous imprisonment for six months. However, taking lenient view on the sentence in respect of appellant No. 2 Smt. Savitri Devi and appellant No. 4 Smt. Seema, learned 2nd Additional Sessions Judge, Dehradun has fined both of them with Rs. 500/- each and in default, both of them were directed to undergo simple imprisonment of three months.

(2.) Heard learned Counsel for the parties and perused the materials available on record.

(3.) In brief, the prosecution case is that on 22.6.1991, PW2 Karam Singh had informed to the Police Station Vikas Nagar that the appellants had beaten him and his wife Smt. Soni Devi on that day at 6.30 pm at the tiraha near Bhojawala. On the basis of this information, NCR No. 86/91 under Sections 323/504 IPC was registered at PS Vikas Nagar on 22.6.1991 at 8.35 pm. Necessary entries were made in the GD. Copy of GD is Ex. Ka-4. PW1 Soni Devi and PW2 Karam Singh were sent for the medical treatment. PW2 Karam Singh was medically examined by PW3 Dr. D.P. Purohit on 22.6.1991 at 9.35 pm and his medical report is Ex. Ka-2. PW1 Smt. Soni Devi was also medically examined on the same day at 9.05 pm by Dr. D.P. Purohit and her medical report is Ex. Ka-3. Lateron an application was moved by PW2 Karam Singh on 27.6.1991 before the Superintendent of Police, Dehradun with the averments that on 22.6.1991 at about 6.30 pm, his wife Soni Devi (PW1) had gone to fill up the water at the public tap situated near her house, appellant No. 3 Ajay Pal came there and threw her water box. His wife came back and narrated the incident to him. Thereafter he went to the tiraha near Bhojawal and asked the appellant No. 3 Ajay Pal as to why he did so. Upon this, all the appellants/accused started beating him. When his wife Soni Devi came for his rescue, then appellant No. 1 Shree Chand hit on her head with a lathi with intention to kill her. Due to this, blood started oozing out from her head. Other appellants/accused also caused injuries with the dandas and also hurled abuses on the complainant and his wife. As a massive crowd assembled at the place of occurrence, the appellants/accused escaped from the spot after threatening to kill him, his wife and other family members. This incident was also witnessed by Roshan Lal (PW4) and Chunni Lal. Thereafter complainant along with his wife Soni Devi went to the police station and narrated the entire incident to the police, from where he and his wife Soni Devi were taken for the medical treatment by a Constable. But the police did not lodge the report and only NCR under Section 323 IPC was lodged wherein the entire incident was not written by the police. With these averments, an application Ex. Ka-1 along with copies of medical reports was moved by the complainant Karam Singh (PW2).