NANHEY Vs. STATE

JUDGEMENT

(1.) THE ap­pellant Nanhey has preferred this appeal against the judgment and order dated 30.4.1982 rendered by Sri K.G. Rastogi, the then 1st Additional Sessions Judge, Bareilly in S.T. No. 87 of 1981, State v. Nanhey, whereby he has convicted the appellant Nanhey under section 307 read with sec­tion 34, IPC and sentenced him to undergo rigorous imprisonment of five years.

(2.) THE prosecution story is that 15-16 days before the occurrence, the complain­ant Pooran Lal, father of the injured Sunder Lal had plucked honey bed which was taken away by the appellant Nanhey. The complainant went to the house of the ap­pellant and asked to return the honey-bed but the accused refused to return it. The next day the appellant Nanhey came to the complainant and said that if he lodged any report, he would kill him and his family members. Since that day, the appellant was bearing grudge against the complainant and his family. On 6.11.1980, at about 6.00 PM, the injured Sunder Lal was going from his house to offer prayers at the Mathia. On the way, when he was near the house of co-accused Ram Autar, the appellant called him and demanded Rs. Ten which the in­jured refused to give. Thereafter, the in­jured went to Mathia. While he was return­ing, both the appellant Nanhey and co-accused Ram Autar met him near the house of Ram Autar and stopped him on the way and demanded Rs. Ten for purchasing wine. When the injured refused to pay the same, both the appellant and co-accused assaulted him with knives. After receiving the knife blows, the injured became uncon­scious. At the time of the occurrence, the complainant Pooran Lal was selling earthen pots in the market of Koharapir. His daughter rushed there and informed him that her brother Sunder Lal had been as­saulted by the two accused. The complain­ant immediately rushed to the scene of oc­currence but by the time he reached there, his other son Ram Swaroop and others took the injured to the hospital. The Complainant (PW-1 Puran Lai) then went to the police station Prem Nagar and lodged the FIR the same day at about 6.40 PM, on which basis the police registered the case and pro­ceeded to make the investigation.

(3.) ALL the injuries were caused by sharp cutting weapon. The doctor kept in­jury No. 1 under observation and remain­ing injuries were simple and were fresh at the time of the medical examination. PW-4 Dr. Hamidullah advised x-ray and also re­ferred the injury to a Surgeon.