STATE OF U P Vs. BALWANTA AND OTHERS

JUDGEMENT

(1.) This Government Appeal has been preferred alongwith an application for leave to appeal for setting the judgment and order dated 29.10.2004 passed by Sri Subhash Chandra, Additional Sessions Judge, Court No. 6 Bijnor in S.T. No. 551 of 1997, arising out of Case Crime No. 397 of 1993 under Sections 147,148,307 read with Sec.149,323,326 read with Section 149 I.P.C.

(2.) The prosecution story, in brief, is that on 5.10.1993 the informant P.W. 1 Ram Kumar had gone to his field for cutting fodder at about 2.30 p.m. in the afternoon and his mother Smt. Bhuri, his brother Jaipal alongwith wife Dayawati had also come to the field for cutting fodder.While they were cutting the fodder in their field, Suresh son of Balwanta reached there alongwith some children of his family and started destroying the Eucalyptus trees, on which his brother Jaipal told Suresh and other children to run away from there and thereafter, they started cutting the fodder. It is further alleged in the first information report that Suresh complained about the said incident to his family members, on which some persons of the village namely Balwanta, Jaidev , Natthu , Prem, Chandra Pal and Ganesh armed with Lathies and Satyapal armed with knife came near by the side of the temple near Western side of the village and sat there from where the informant and his family members were to pass. At about 5.30 p.m. in the evening when the informant alongwith his mother Smt. Bhuri, brother Jaipal and Dayawati wife of Jaipal were returning from their field then co-accused Satyapal suddenly assaulted Smt. Bhuri with his knife and injured her, whereas, co-accused Balwanta and others with a common object, assaulted the informant and his family members with lathies and started beating them, then on the alarm raised by them, Baldeo and Mehar Singh of the village reached at the spot and saved them. It was further alleged that the accused-persons also assaulted the father ofthe informant Baldev and fled away towards the jungle.

(3.) In the said incident, 5 persons received injuries namely Ram Kumar P.W. 1, Jai Pal P.W. 3, Smt. Dayawati P.W. 7, Smt. Bhuri and Baldev. Their injuries were examined on 5.10.1993 during 9.05 p.m. to 9.40 p.m. by doctor Chandraveer Singh P.W. 2. P.W. 6 Dr. A.K. Kots is said to have performed X-rey regarding the injuries of injured Baldev.