AJAY PAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by appellants Ajai Pal (A-1), Mahesh (A-2) and Suresh (A-3) against the judgement and order dated 19.12.1980 passed by IIIrd Additional Session's Judge, Agra in S.T. No. 267 of 1980, State v. Ajai Pal and others, by which, learned trial Judge has convicted all the three appellants under Section 307/34, 325/34, 323/34 I.P.C. and has sentenced them to two years R.I. for the first charge, twenty one months R.I. for the second charge and three months R.I. for the last charge, with further direction that all the sentences of each of the appellants shall run concurrently. A fined Rs. 50/- on each of the appellants was also imposed for offence u/S 325/34, I.P.C. and in case of default in payment thereof they were directed to serve further R.I. for six weeks.

(2.) Prosecution allegations against the appellants, which was scribed by Hori , vide written F.I.R., Ex. Ka-9, at the dictation of informant Het Ram (P.W.2) were that on 29.11.1979 at 11 a.m., appellants herein had caused injuries to Ram Charan (P.W.-3). informant's brother, his aunt, Smt. Sukh Devi, and witnesses Shiv Charan and Singh by spades and iron rod. Reason of the assault was that (PW3) had forbade them not to dig soil of his agricultural field and throw it on, under constructed, Chak road, from informant's village Jamal Nagar Bhes to Chamraula Station. This incident was witnessed by the two injured, Shiv Charan (P.W.4), Singh (P.W.5) with Gopali and collected crowd.

(3.) Informant Het Ram (P.W.2), had brought injured (PW3) to police station Barhan on a cot, along with other injured, where, he had dictated F.I.R., Ex. Ka.-1, which was scribed by Hori , and then it was lodged at 1:30 p.m. same day. Head Moharrir Ram Prakash Sharma (P.W.7) registered Ext. Ka 1, as Crime No. 267, under Section 307, I.P.C. by preparing chik FIR, Ext.Ka.14, and corresponding G.D. Entry Ex. Ka.-15.