BEDI Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment dated November 27, 1976 of the VI Additional Sessions Judge, Varanasi in S. T. No. 76 and 244 of 1976 by which Antu (appellant in Criminal Appeal No. 2815 of 1976) and Bedi (appellant in Criminal Appeal No. 2800 of 1976) have been convicted under sections 307 IPC and 307 IPC read with section 34 IPC and directed to undergo rigorous imprisonment for five year and two years respectively.

(2.) ONE Mewa Lal was the victim of an assault at about 10-00 a. m. on July 8, 1975 in Mohalla Jangambari at Varanasi. It is said that at the instigation of appellant Bedi, Antu gave him several blows with a knife. The medical examination of Mewa Lal by Dr. V. Kumar (PW 5) revealed that there were as many as five injuries on his person, two of which were incised wounds and one a punctured wound. The injuries were as under :-(injuries quoted-Ed.) On a reference made by Dr. Kumar, PW 7 Dr. P. K. Tandon performed an operation in an attempt to save the life of Mewa Lal. He succeeded in doing so.

(3.) AT the trial, PW 1 Kalloo, 'who had scribed the first information report of Mewa Lal, apart from the injured PW 2 Mewa Lal himself as well as Suddhu PW 3 and one Km. Madhu, a girl aged about ten years, came forward to depose to the facts of the case. During the course of his testimony, however, Kalloo Ram did not support the prosecution case in its entirety. He did not incriminate Bedi. Victim Mewa Lal, however, gave a detailed account of the incident and the facts preceding and succeeding it. He was substantially corroborated by PW 3 Suddhu and PW 4 Km. Madhu. Relying upon the testimony of these three witnesses, the Trial Judge came to the conclusion that the assault on Mewa Lal had been made by appellant Antu at the instigation of appellant Bedi. He, therefore, convicted and sentenced them as aforesaid.