MOTI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Vindyachal Singh learned Amicus Curie for the appellant no. 2 Mahavir, the learned AGA for the State and also perused the record.

(2.) THE appellants Moti Lal and Mahavir have preferred this appeal against the common judgement and order dated 01.02.1982 passed by the VII Sessions Judge, Agra in Sessions Trial No. 52 of 1980 (State v Moti Lal and another) whereby the learned Sessions Judge has convicted the appellants under section 308 IPC sentencing each of them to undergo four years rigorous imprisonment.

(3.) ACCORDING to the prosecution story, on 05.10.1978 at about 12.30 P.M. when the informant, Dinesh Kumar, was supervising construction of boundary wall on his plot no. 13/208, Budhan Saiyad in front of Takroo Agency and at that time his cousin Govind Saran S/o Radhey Shyam Sharma was also present there. The appellant no. 1, Moti Lal, accompanied by two unknown persons came there and restrained Dinesh Kumar from constructing the boundary wall and claimed the aforesaid piece of land as their own land. The informant Dinesh Kumar demanded a proof from the appellant no. 1, Moti Lal about the ownership. The demand enraged appellant no. 1, Moti Lal, who attacked Dinesh Kumar with knife but fortunately he escaped unhurt. Then appellant no. 1, Moti Lal inflicted several knife blows to Govind Sharma, who sustained several incised wounds. The informant Dinesh Kumar raised hue and cry, attracted by which the witnesses Kedar Chaudhary, Rajendra Kumar and Ram Kumar arrived there and saved the injured Govind Sharma from the clutches of the appellants, otherwise he would have been killed. Injured Govind Sharma was taken to S.N. Hospital, Agra by Dinesh Kumar, where he was medically examined and admitted for his treatment. After getting the injured Govind Sharma admitted in the Hospital, the informant Dinesh Kumar rushed to the Police Station Hari Parvat and submitted the written report, Exhibit Ka.1 to the Station Officer. On the basis of this report FIR , exhibit Ka-2 was drawn at 3.40 P.M. and a case under sections 325 and 324 IPC was registered against the appellant. The investigation of this case was entrusted to S.I. S.N. Singh, who on receiving the injury report on 6.10.1978, converted the crime from section 324 IPC to section 308 IPC and made a relevant entry in this respect in G.D. at 7.20 A.M. On 6.10.1978 itself, the Investigating Officer, after the case was registered, examined Dinesh Kumar, prepared site plan Exhibit Ka-3 and thereafter examined Govind Sharma in the Hospital. He arrested the appellants Moti Lal and Mahavir on the same day at 10.45 P.M. and soon after the arrest of the appellant no. 2, Mahavir, he made him Baparda and was brought to the Police Station and there also he was kept Baparda. In an identification parade held on 28.10.1978, the appellant no. 2, Mahavir was identified as one of the co- assailants of this case by the informant Dinesh Kumar and the injured Govind Sharma. After investigation, charge sheet Exhibit Ka-4 was submitted.