BAGOO RAM Vs. STATE

JUDGEMENT

(1.) THE aforesaid criminal appeal arises out of the judgment and order dated 28.8.76 whereby the 1st Additional District and Sessions Judge, Saharanpur has convicted and sentenced the appellants, Bagoo Ram, Pawan Kumar, Amar Singh and Baldev Singh to undergo four year's R.l. under Sections 307/140, I.P.C. and 18 month's R.I. under Section 452, I.P.C. Appellants Bagoo Ram and Pawan Kumar were further convicted under Section 148, I.P.C. and sentenced to one year R.I., and appellants Amar Singh and Baldev were further convicted under Section 147. I.P.C. and sentenced to six months R.I. in Sessions Trial No. 184/75 relating to the incident which arises out of the First Information Report lodged by Chunni Lal.

(2.) THE aforesaid Government appeal arises out of the same incident but concerning the cross F.I.R. which was lodged by Kashmiri Lal at the same police station against seven respondents in the Government appeal who were tried in sessions Trial No. 183/75 under Sections 148, 302/149 and 307/149, I.P.C, but have been acquitted by the trial Judge of all those charges.

(3.) AT the outset it may be stated that in the criminal appeal, there are two persons who have sustained injuries on the accused side. Pawan Kumar appellant was medically examined on 15.2.76 at 10.40 p.m. by Dr. V. K. Jain and the following injuries were found on his person :