SOHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 18.6.1996 passed by the Ist Additional Sessions Judge, Kheri in Sessions Trial No.530 of 1992 convicting the appellants under Section 307 read with Section 34 IPC and sentencing them to undergo five years RI.

(2.) THE prosecution case, in short, is that on 9.12.1991 at about 6:20 a.m., Sri Shiv Nandan -complainant lodged a written report at Dhaurhara Police Station with allegations that he is resident of village Laljipurwa hamlet of Amethi, P.S. Dhaurhara District Kheri. Nearly 6 -7 days ago, Sohan Lal son of Mahabir of his village had taken his bicycle after demanding and he had promised to return the bike next day. The complainant was continuing the demand of his bike. On 8.12.1991 in the morning he gave threats that in case he demanded his bike again, he would be killed. In night hours, when he was asleep under a chhappar on his door, at about 2:00 in the night, Sohan Lal, Bhagauti and Ram Lakhan of his village came. Sohan Lal was armed with Bhala, Bhagauti was armed with Gandasi and Ram Lakhan was armed with country made pistol. They were exhorting and saying where Shiv Nandan was. He would not be left alive. They would now see, how he was demanding the return of his bike. Hearing the sound, the complainant woke up from his cot and flashed his torch at a distance of 15 -20 steps and raised alarm saying that, was it proper for Ram Lakhan to do this. On complainant's out -cries, his brothers Ram Ashrey and Jagdish came armed with lathis and torches. Meanwhile, Ram Lakhan fired his country made pistol targeting him. Ram Lakhan said that he would not be left alive. The complainant fled away in the south towards the village sustaining injuries. Complainant's brothers, his family members and villagers could not dare to catch the accused persons. The accused persons fled away giving threats to the crowd. He could not come to the Police Station to lodge the FIR at once. He lodged the FIR at about 6:20 a.m. on 9.12.1991.

(3.) AFTER lodging of the FIR, investigation proceeded in the matter and the I.O. prepared the site plan and took certain articles into possession. The prosecution in order to prove the case, examined Shiv Nandan as PW -1, Ram Ashrey as PW -2, S.I. Bramha Nand Duvedi as PW -3, Dr. G.R. Sharma, Medical Officer as PW -4 and Dr. S.K. Tewari, Medical Officer as PW -5. After investigation, charge sheet was submitted against the appellants under Section 307/34 IPC. The accused persons were produced before the Court of Session. They denied the charge before the Court of Session and thereafter they were put to trial. The prosecution adduced evidence to support its case. The trial court found that the case against the appellants was substantiated under Section 307/34 IPC and proceeded to convict them for the said offence for a period of five years R.I.