PIRTHI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The order of conviction and sentence dated 29-1-1981 passed by Sri S. N. Prasad, III Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 282 of 1979 has been challenged by the two appellants Pirthi and Dalip in this appeal. Both of them have been convicted under Section 394, IPC read with Section 34, IPC with a sentence of eight years' rigorous imprisonment and under Section 302, IPC read with Section 34, IPC with a sentence of life imprisonment. Both the sentences have to run concurrently.

(2.) THE victim of the felony was one Hira Singh. THE incident occurred on 9-10-1978 at about 3 p. m. at the outskirts of village Devipura near the sugarcane field of Sapattar, P. S. Thana Bhawan, district Muzaffarnagar and the report was lodged by the victim himself the same day at 4. 30 p. m. , who subsequently died. THE distance of the police station from the place of occurrence was about four miles. Both the appellants were allegedly armed with lathis. Out of them, Dalip died during the pendency of the appeal and the appeal has abated so far as he is concerned. THE Court is now concerned with the appeal of Pirthi only.

(3.) HE was sent to District Hospital Muzaffarnagar for needed medical help. HE, however, succumbed to his injuries on way to the District Hospital. His dead-body was brought back to the police station where inquest report was prepared by S. I. R. D. Arya PW 9. The dead-body was sent for post-mortem after completion of formalities. It came to be conducted by Dr. N. D. Bahuguna, PW 1 on 10-10-1978 at 3. 30 p. m. The deceased was about 60 years of age and about one day had passed since he died. The following ante-mortem injuries were found on his person: (1) Bruise 6" x 3" on outer part right arm. (2) Bruise 4" x 2" on upper and outer part of right forearm. (3) Bruise 3-1/2" x 2" back in middle, right forearm, Simple fracture of radius and ulna, middle below. (4) Lacerated wound 1-1/2" x 3/4" x Muscle deep in the arch of right index and middle fingers. (5) Abrasion 2" x 1/2" on lower and outer part of right leg. (6) Lacerated wound 1" x 1/4", bone deep on front and lower one third region of left leg. (7) Bruise 4" x 1-1/2" on back and middle of chest left side.