KISHORI Vs. STATE

JUDGEMENT

(1.) Feeling aggrieved with the judgment dtd. 12/2/1988 passed by Sri Udai Pratap Singh Kushwaha, the then Special Sessions Judge (Essential Commodities Act) Hamirpur, in Sessions Trial No. 3 of 1987 (State Vs Kishori) arising out of Crime No. 110 of 1985, registered at police station Khanna, District Hamirpur, under Sec. 308 IPC whereby the learned Special Session Judge convicted the appellant under Ss. 308 of I.P.C. and sentenced him to undergo rigorous imprisonment for three years, the present criminal appeal has been preferred.

(2.) Brief facts of the case are that the informant Ram Asrey submitted a written report (Ex.Ka-1) to police Station Khanna, Sub Division Mohraha, District Hamirpur on 28/6/1985, stating therein that his brother Ram Sanehi was going with animals across the pond at around 8:45 AM. When he reached opposite the house of Tirra, accused Kishori was present there having a spear in his hand. Upon seeing the brother of the informant he said you are against me a lot. He hit his brother on the right side of the stomach with the spear. Sidhdha S/o Baiju, the informant himself and his relative Mahipal S/o Bhagirath rushed and saved Ram Sanehi.

(3.) On the basis of the aforesaid written report, case crime no. 110 of 1985 was registered against the appellant-accused under Sec. 324 IPC.