MULUWA Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 18.1.1991 passed by IIIrd Additional Sessions Judge, Hamirpur, District Hamirpur in Sessions Trial No. 31 of 1990, convicting the appellants under section 307/34 I.P.C. and sentenced them to 3 years rigorous imprisonment.

(2.) Brief facts of this case are as follows-:

(3.) Learned A.S.J. Hamirpur framed charge against the appellants under section 307 I.P.C. read with 34 I.P.C. The charge read over to the appellants and appellants denied the charge and claimed to be tried. In order to substantiate charge levelled against the appellants, prosecution examined PW-1 / Ghasita as complainant and injured witness, who proved F.I.R. as Ex. Ka-1. PW-2 / Km. Ranno, examined as eye-witness of incident. PW-3 / Dr. Satya Prakash, examined the injured witnesses, who proved the injury report of Ghasita as Ex. Ka-2 and injury report of scriber Bhura Singh as Ex. Ka-3. PW-4 / K.M. Sinha, Investigation Officer of this case, who proved site plan as Ex. Ka-5 and charge-sheet as Ex. Ka-6. He also proved by means of secondary evidence Chick F.I.R. as Ex. Ka-7 and G.D. Entry as Ex. Ka-8. PW-5 / Bhura Singh, who is scriber of written report also supported Ex. Ka-1.