DUNNA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Dunna Lal appellant has filed this appeal against his conviction under Section 304 Part II read with Section 34 I.P.C, under Section 452 I.P.C., under Section 323/34 and under Section 323 I.P.C. and sentence of 2 years R.I., one years R.I., six months R.O. and a fine of Rs. 500.00 respectively under the aforesaid sections of the Penal Code recorded by Sri D.L. Soni, District and Sessions Judge, Pauri Garhwal, in S.T. No. 6 of 1986. Narendra Lal, Sahukar Lal and K. Makhan Lal appellants were also convicted by the trial court under Section 304 Part II read with Section 34 I.P.C., 452 and 323/34 I.P.C 323 I.P.C., but instead of giving them jail sentence, the trial court had extended them the benefit of the Probation of First Offenders Act, on their furnishing two sureties of Rs. 2,000 each and a personal bond in the like amount for remaining on good conduct for a period of two years to the satisfaction of the trial court. Along with the appellants, Smt. Shankari Devi the mother of the appellants Dunna Lal, Narendra Lal and Sahukar Lal was also prosecuted, but she was acquitted.

(2.) Dunna Lal appellant is the son of Makhan Lal and brother of appellants Narendra Lal and Sahukar Lal. Smt Shankari Devi is the mother of Dunna Lal. In this way all the five accused in this case belong to one family.

(3.) The case of the prosecution is that on November 14, 1985 at about 4 p.m. Dunna Lat had beaten Guthyar Singh in his house in village Bisald. That day Guthyar Singh went to the house of his brother Anand Singh in village Teri in the evening for night stay. The aforesaid five persons entered the house of Anand Singh at about 8 p.m. and had assaulted Guthyar Singh and Anand Singh with lathis. Bahadur Singh, the third brother of victim, came on the spot and tried to save them but he was also assaulted by Dunna Lal on the head by lathi. Bahadur Singh and his brother drove away the assailants from the house of Anand Singh. The accused left the house of Anand Singh giving threat to kill them. Guthyar Singh, Bahadur Singh and Anand Singh had received injuries on their person. Guthyar Singh developed pain in his stomach and was unable to stand. The injuries of Bahadur Singh and Anand Singh were examined at Government Dispensary Pabau on November 25, 1985 by the Medical Officer between 11 a.m. and 11.18 a.m. Injuries of Bahadur Singh Lacerated wound 5 cm x 1/4 cm scalp deep about 10 cm from left ear. Injuries of Anand Singh