UMA SHANKAR BHARTI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants Sri G.S. Chaturvedi assisted by Sri Samit Gopal, Sri K.N. Joshi, learned Counsel for the complainant and learned A.G.A.

(2.) The present appeal has come to this Court against an order of conviction under Sections 307/149, 325/149, 323/149 and Section 147, I.P.C. The appellants are consequently sentenced to 4 years RI., one year RI. 6 monthsT RI. respectively under the above said counts. The sentences were to run concurrently.

(3.) The brief facts of the case are that appellants and victim both are collaterals. They were living in the same area. The relations between them were strained due to litigations including proceedings under Sections 107/116. As a consequence of this enimosity, on 2-4-1989 in the morning at about 8.00 A.M. an assault was launched by these appellants and 3 others who were acquitted by the trial Court upon Shiv Balak Bharti. Raghunath Bharti, Ram Kumar Bharti and the informant Ram Das Bharti while they were harvesting their Arahar crop. The assault culminated on the arrival of the witnesses who heard the arms raised by the victims of the incident. The assailants as soon as they saw a number of people approaching towards the site of occurrence withdrew from the spot with their respective weapons. The report was transcribed on the dictation of the informant Ram Das Bharti, by one Ramanand Rai and the same was taken to police station Bairiya on the same day and lodged at about 12.45 P.M., it is Ex. Ka-1. Relevant entries in the General Diary of the police station were made. The offence was registered and the check F.I.R was also prepared by the Head Moharrir, P.W. 5 Ram Sanehi Yadav. After the registration of the case the investigation was taken up by P.W. 6, Ram Daras Rai but before he could complete the investigation, it was entrusted to Rang Lal Pandey who completed the investigation and submitted charge-sheets in Court against all the accused persons. The injured persons were medically examined by two doctors Dr. V. Rai, F.W. 4, who examined Shiv Balak, Raj Kumar and Raghunath on the date of incident itself Dr. Vijay Kumar, P.W. 9, examined the injuries of Smt. Lalmani. Dr. RC. Rai. P.W. 8, Radiologist, subjected Shiv Balak Bharti, P.W. 3, Raj Kumar Bharti P.W. Z and Smt. Lalmani to Xray examination. A fracture of the parietal bone was detected in the case of Shiv Balak Bharti.