BHUDEO SINGH Vs. STATE

JUDGEMENT

(1.) Sri V. V. Singh, the then Additional Sessions Judge, Aligarh convicted accused Bhudeo Singh under Section 326 and 324 of Penal Code and sentenced him to suffer rigorous imprisonment for a period of two years and nine months respectively thereunder vide his judgment and order dated 28-1-1981. Both the sentences were directed to run concurrently. Accused Bhudeo Singh has challenged his conviction and sentence through his appeal in this Court.

(2.) In brief necessary facts of the case for disposal of this appeal are as under : P.W. 2 Karan Singh son of Panna Lal is husband of Smt. Nathiya and is informant. He handed over a written report at Police Station Hathras on 6-10-1979 at 5.50 a.m. and local police registered a case at Crime No. 862 under Section 307, IPC against the appellant and his brother Hari Singh.

(3.) It was alleged by the informant that his wife Smt. Nathiya, went to provide straw etc. to her cattle in cattle shed (Gher) at about 4.30 a.m. on 6-10-1979. Both Hari Singh and his brother Bhudeo Singh co-villager of informant, were hidden there. Hari Singh caught hold Smt. Nathiya and Bhudeo Singh stabbed her with a knife with a view to kill her. She sustained a number of injuries on her face and forehead. On alarm raised by her, Biri Singh, Laxmi Narain and others arrived there and intervened. Bhudeo Singh gave knife blow to Biri Singh also and he too sustained injuries. Both the assailants after causing injuries to Smt. Nathiya and Bin Singh ran away.