JWALA PRASAD Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 21.9.1981 passed by IInd Additional Session Judge, Bulandshahar in Session Trial No. 530 of 1980 convicting the appellants under Sections 147, 307, 149 and 354/149 I.P.C. and sentencing them to undergo one year rigorous imprisonment, five years rigorous imprisonment and 1 and 1/2 years respectively which was ordered to be run concurrently.

(2.) The prosecution case in brief is that on 18.3.1977 at about 2 P.M. Smt. Chandrawati P.W.1 along with her brothers Rambhool and Ghanshyam was getting the crop of her field stored after being harvested and when she reached near the culvert of canal distributory with the bundles of the harvested crop, she was stopped by the three accused along with Ramesh, Radhey, Sardar, Basdeo of her village and Ram Saran of village Pratappur, police station Javan, District Aligarh, who were armed with lathis, spears and Sankhi (a sharp pointed fork like instrument). They attacked on her, when her brothers came to her rescue, they too were beaten by lathi, spear and 'Daranti' (a type of sickle for harvesting crop). Thereafter, she was dragged into a field where she was stripped off her Dhoti and the bottom of a lathi was thrust into her vagina. She was also relieved of her ear ring. When her brother again came to her rescue, they were again beaten very badly. The accused had declared their intention to kill them. They were saved by Rajbir Singh, Lakhmi Singh and Hari Singh besides others on seeking whom, the accused effected their retreat.

(3.) A chick report no.40 was drawn up by Head Constable Shishpal Singh, who registered the case as Crime No. 41A of 1977. The investigation of case was done by P.W.4-I.O. K.P. Singh. Thereafter all the three victims were medically examined at P.H.C. Pahasu, by Dr. V.S. Malik (P.W.3), who noted two lacerated wounds, a punctured wound, five contusions and an abrasion on the person of Smt. Chandrawati, three punctured wounds and four lacerated wounds and a contusion on the person of Rambhool. A lacerated wound, four contusions and an abrasion on the person of Ghanshyam. The medical examination was conducted between 11:35 and 12:45 a.m. The X-ray of Ghanshyam revealed fracture of ulna bone of the right fore-arm and that of Smt. Chandrawati fracture of the base of proximal phalnx of the right little finger. The internal examination of Smt. Chandrawati which was conducted by Dr. S.K. Bhatnagar (P.W.6) on 19.3.1977, revealed bleeding from the vagina having an abrasion in an area of 2 and circumference. After completion of investigation, out of the eight accused persons nominated in the F.I.R. only three accused persons, were sent up for trial.