HARISH CHANDRA Vs. STATE

JUDGEMENT

(1.) The two appellants namely, Harish Chandra and Girish Chandra both sons of Ram Prasad were committed to the Court of Sessions for facing trial under Section 307/34 IPC. Both the appellants were held guilty of the charges and were convicted and sentenced to undergo R.I. for three years for the offence under Section 307 IPC read with Section 34 IPC for making an attempt on the life of Ravindra Kumar Pande and another term of three years R.I. for the offence under Section 307 IPC read with Section 34 IPC for making an attempt on the life of Ganesh Shanker Singh. Both the sentences were to run concurrently.

(2.) Heard Sri P.N. Misra, learned Senior Advocate assisted by Sri Apul Misra, learned counsel for the appellants and the learned AGA.

(3.) The prosecution case is that a written report was lodged by Ram Pyare Pande at the police Station Rajghat on 3.11.1978 at 8:00 P.M. In the written report, the complainant alleged that he was a tenant of Smt Premda in her house situated at Alahdadpur within the jurisdiction of police station Rajghat. Ten to fifteen days prior to the date of incident, Smt. Premda, threatened the complainant to vacate the house through Harish, Girish and Jagdish. When the complainant refused to vacate the house, Harish and Girish alongwith their brother Jagdish threatened the complainant and his son with dire consequences. On 3.11.1978, when Ravindra Kumar son of complainant was standing near the Betel shop of Hari Prasad, the appellants started abusing him. One Bhola Singh exhorted the appellants to kill his son Ravindra Kumar Pande and then they assaulted Ravindra Kumar with knives and caused injuries to him. Bajrangi Prasad, Kripa Shanker and Hira Lal Rai who were residents of same locality were eye witnesses of the incident. In the meantime one Ganesh Shanker Singh who was passing by, came to rescue Ravindra Kumar Pande, the accused Girish stabbed Ganesh Shanker Singh with knife.