POKHPAL Vs. STATE OF U P

JUDGEMENT

(1.) Seven appellants including three sibling brothers namely, Pokhpal s/o Rammu, Ramcharan, Laljit and Sant Ram, all s/o Itwari, Rajendra s/o Sukhbas, Khyali s/o Roshan, and Shri Ram s/o Mangali have knocked the door of this Court questioning and challenging their convictions for offences under sections 147, 452/149, 304/149, 323/149 I.P.C. recorded by Xth Additional Sessions Judge, Etah in S.T. No.689 of 1978, State Vs. Pokhpal and others relating to PS Jaithra, district Etah. For the first charge they were sentenced to three months R.I., for the second count one year R.I., for the third count five years R.I. and for the last count two months R.I. All the sentences were directed to run concurrently by the trial Judge vide impugned judgement and order dated 20.8.1981.

(2.) Prosecution version, in nutshell, as is perceptible from written F.I.R. Ext. Ka-1 and depositions of fact witnesses, were that Ram Baksh resident of village Harsinghpur, Police station Jaithra, district Etah had two sons Parsadi Lal (deceased) and Mewa Ram. Parsadi Lal had two issues P.W.1 Gyan Singh (informant) and P.W.3 Ram Swaroop. Ganga Dayal another witness of the incident, (not examined during trial) is the son of Mewa Ram.

(3.) Head Constable Panna Lal P.W.7 registered the FIR as Crime No.96 of 1977, under Sections 147, 452, 323 IPC, prepared Chik F.I.R. Ext. Ka-15 and corresponding GD entry Ext. Ka-16. Injured persons thereafter were dispatched to the hospital for medical examination and management of their injuries.