PRITAM AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the Judgment and order dated 20.01.1988 / 21.01.1988 passed by IIIrd Additional Sessions Judge, Saharanpur in S.T. No. 340 of 1985 State Vs. Pritam and three others, under Section 304 (Part-I)/34, 325/34 I.P.C. Police Station Nakud, District Saharanpur, whereby accused-appellants Pritam, Dila, Sharma and Shuggan have been convicted under Section 304 (Part I)/34 and 325/34 I.P.C. and sentenced to undergo for rigorous imprisonment of seven years under Section 304 (I)/34 I.P.C. and rigorous imprisonment of two years under Section 325/34 I.P.C. Both the sentences were to run concurrently.

(2.) According to the prosecution version, there was some dispute between the first informant Asha Ram (deceased) and one Bhagru Pradhan over the issue of land of Gram Samaj and temple and some persons of the party of Bhagru Pradhan were pressing the first informant Asha Ram to withdraw the case lodged by him. On 08.12.1984 at about 05.00 P.M., the accused Pritam, Sharma, Dila and Shuggan came to the informant and asked to withdraw the case but the informant Asha Ram and his son Sadhu Ram refused for the same and thereafter, the said accused persons started assaulting the informant and his son Sadhuram with lathis. Hearing noise one Jeeram, Punna and Budh Singh have reached there and saved the informant and his son.

(3.) The first informant Asha Ram reported the matter to police by submitting a Tehrir Ex. Ka-4 and on the basis thereof, a Non-Cognizable-Report was registered on 08.12.1984 at 9:10 P.M. vide N.C.R. Ex. Ka-1 No. 132 of 1984 under Section 323 I.P.C. In this regard entry was made in G.D. vide Ex. Ka- 2.