SHERA AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by Shera, Raghubir Singh and Bir Singh against the judgment dated 26.2.1979 passed by the VI Additional Sessions Judge, Bulandshahr in Sessions Trial No. 461 of 1976 convicting the three appellants under Sections 323/34 Indian Penal Code and sentencing appellants Raghubir Singh and Bir Singh to pay a fine of Rs. 400.00 each and in default of payment of fine to undergo three months rigorous imprisonment and admonishing appellant Shera.

(2.) I have heard the learned counsel for the parties and have gone through the records carefully. It appears that the Talab of Gram Samaj lying in the south-east of ahadi of village Jawasa was in possession of Bhikari and his brother Lila and they used to pay Lagan for the same to the Gram Samaj. Appellant Shera, his sons and grand-son had their chaks to the west of this Talab. On the day of occurrence at about 10.00 A.M. when Lila and Bhikari were throwing earth in the Talab by digging it out from their Tasla, appellant Shera asked them not to take earth from the Tasla and when Bhikari and Lila refused to oblige, all the three appellants assaulted Lila and Bhikari with lathis. A report was lodged and the matter was investigated and the appellants were charge-sheeted. Learned Sessions Judge framed charges against the appellants under Sections 308/34 Indian Penal Code and 323/34 Indian Penal Code. The prosecution examined Bhikari, PW 1 and Lila, PW 2 and Chatar Singh, PW 3. The injuries of Lila and Bhikari were also proved during the trial. Learned trial Judge after considering the evidence on record found that offence under Sections 308/34 Indian Penal Code were not made out against the appellant but the prosecution had been able to prove successfully the commission of offence under Sec. 323/34 Indian Penal Code by the appellants. The trial Judge, however, found that one of the appellants Shera was 80 years old and, therefore, he was liable to admonition only. They other two appellants were fined Rs. 400.00 each as aforesaid. Hence this appeal.

(3.) I have gone through the evidence led by the prosecution and I find that the learned Sessions Judge has properly appreciated the evidence of eye-witnesses which is sufficient to prove that the three appellants participated in this crime. The occurrence took place at about 10.00 A.M. The injured witnesses, namely, Lila and Bhikari had both fully corroborated the prosecution version and their injuries have also been proved by the doctor who examined the same. The evidence of these two injured witnesses is sufficient to prove the fact of occurrence. However it has to be remarked that it was a case of marpit in which simple injuries were caused and, therefore, the Sessions Judge rightly came to the conclusion that offence under Sections 323/34 Indian Penal Code only are made out. There is no scope for interference in the appeal on the findings recorded by the trial Court.