PREMI AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The learned 5th Additional District and Sessions Judge, Budaun convicted the appellants Premi, Gayani and Devi Dass under Sections 452 I.P.C., 307/34 I.P.C. and 302/34 I.P.C. and sentenced them to undergo one year's rigorous imprisonment, three years rigorous imprisonment and life imprisonment respectively, sentence to run concurrently vide judgment and order dated 18.6.79. It is against this judgment that the present appeal has been filed.

(2.) The prosecution version was that about three or four years ago Premi, Gayani and their father Devi Dass were prosecuted for the murder of Prem Sahai's son. Raghubir (P.W. 3) happened to be a witness for prosecution in that trial hence the appellants bore ill will against Raghubir. In the mid night on 15/16.1.77. Raghubir was sleeping in his Kotha in village Risauli, P.S. Bilsi District Budaun. Ved Wati alias Budh Wati wife of Raghubir was also sleeping there. There was the light of electric bulb in the Kothari. The appellant Devi Dass armed with a country made pistol and appellants Premi and Gayani both armed with dandas arrived at about mid night and caught hold of the hands of Raghubir and Devi Dass caused hurt with the butt of the country made pistol. On raising alarm Ved Wati awoke. The appellants also assaulted her and then they ran away. Mathuri (P.W. 4), Balwant and Shishpal saw all the appellants going out of the house of Raghubir. Then they entered the house and found Raghubir and his wife Budh Wati alias Ved Wati in an injured condition. Raghubir narrated the incident to the witnesses. Raghubir went to police station Bilsi District Budaun and lodged an oral first information report (Ex. Ka 2) on 16.1.77 at 9.30 a.m. after covering 8 kilo meters from village Bilsi.

(3.) Dr. Arjun Kumar (P.W. 8) conducted the medical examination of Raghubir on 16.1.77 at 10.05 a.m. and found the following injury on his person as per injury report (Ex. Ka 12):