MAHESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal preferred by the Appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr PC), is directed against the judgment and order dated 3 -5 -1994 passed by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 20 of 1992 State v. Baiak Ram and Ors., whereby Learned Sessions Judge has convicted the Appellant/ accused Mahesh Chandra under Section 307 of Indian Penal Code, 1860 (for shod IPC) and sentenced him to undergo R.I. for four years. However, co -accused Balak Ram and Srnt. Banchi Devi were given benefit of doubt and were acquitted of the charge leveled against them.

(2.) IN brief, the prosecution case is that PW1 Raja Ram had moved an application before the Chief Judicial Magistrate, Pauri on 1 -8 -1990 with the averments that the Appellant/ accused Mahesh Chandra and co -accused Balak Ram and Smt. Banchi Devi (acquitted by the trial court) are the resident of same village Guthinda, Patti Kalagad and he was working in Delhi for the last 20 -22 years and his brother Mohan Lal was working in Chilkholi Inter College as a Peon. He came to know that few days ago there had been a dispute over land between his brother Mohan Lal and the Appellant/accused and the co -accused. The Appellant/accused was also serving in the Army and had come on leave of two months. He has further stated that on 27 -7 -1990 at about 1 -1:30 pm when Mohan Lal was returning to his village Guthinda, he was surrounded by the Appellant/accused and the co -accused at a distance of about 150/200 metres from the school and they badly injured him. After hearing the noise, Sultan Singh Negi and other staffers had reached on the place of occurrence and other people also raised the alarm. Thereupon the Appellant/accused and the co -accused ran away from the place of occurrence after leaving Mohan Lal in unconscious condition. People had taken Mohan Lal to his house on a cot in unconscious condition. Patwari chauki is also situated in the village. Since the Patwari was not present in the village, therefore, report of this incident was not lodged and Mohan Lal was taken to Sanglakoti hospital. Doctors of that hospital had advised to take Mohan Lal to some other hospital. From there the Pradhan of the village and Bhagwan Singh Rawat, Sadhu Ram Bara, etc. had brought him to Delhi in a taxi where he was admitted in All India Institute of Medical Sciences (ASIMS). Mohan Lal remained in unconscious condition and was not coming to his senses. On 29 -7 -1990, Smt. Nanda Devi (PW4), wife of Mohan Lal, had sent a copy of the FIR, on which Patwari Dabbal Singh Rawat obtained her signature by threatening her. He has further averred that perhaps the Patwari had made wrong chick in collusion of the accused. Injured Mohan Lal was unable to talk. He has further stated that Mohan Lal had serious injuries and Patwari had intentionally prepared a chick report under Section 323/504 IPC of the abovementioned incident in order to ease the entire episode. With these averments, PW1 Raja Ram had moved an application Ex. Ka -1 upon which CJM had ordered to register and investigate the case.

(3.) LEARNED Munsif Magistrate, Lansdown, Garhwal after giving the necessary copies of the documents to the Appellant/accused and the co -accused as prescribed under Section 207 Cr.P.C, committed the case to the Court of Sessions on 10 -6 -1992.