RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS who are seven in number namely Ram Kumar(A1), Kadhera(A2), Horam(A3), Mahavir(A4) Param Singh(A5) and Kahar Singh(A6) have come up to this Court challenging their conviction recorded by IIIrd Additional Session's Judge, Bijnor in S.T. No. 64 of 1979, State versus Ram Kumar and others, convicting and sentencing them u/s 395/412 I.P.C. and sentencing them to 7 years and 3 years RI respectively, vide impugned judgment and order dated 21.6.82.Seventh appellant Ram Chandra @ Chandru (A7) has been convicted only u/s412 I.P.C. and imposed with sentence of 3 years RI, by the same impugned judgement and order.

(2.) PENDING final decision in their appeals, five appellants, Ram Kumar(A1), Horam(A3), Mahavir Singh( A4) and Param Singh(A5) and Kehar(A6) expired and, therefore, vide order dated 8.12.2011, appels of four of them,(A1),(A3),(A4), and(A5) were abated.In respect of Kehar Singh(A6), report regarding his demise was received later on as Flag F, which is perceptibly clear from the order sheet dated 5.1.2012 and, therefore, appeal of said appellant Kehar Singh(A6) is abated today.

(3.) VIRENDRA Singh, P.W.5, went to the police station Haldaur, at a distance of one mile, along with Rajendra Singh and dictated oral FIR, Ext.Ka-4, at 3.10 A.M. which was registered as crime no. 235 under sections 395, 397 I.P.C. After registration of FIR, injured Rajendra Singh aged about 23 years, was sent for medical examination, which was conducted on 4.11.1978 at 1p.m. vide Ext. Ka-12, by Medical Officer, District Hospital, Bijnor and his injuries as is noted in his medical report are reproduced below:- Injuries: