PATI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Appellants Pati Ram, Sahab Singh and Deep Singh have been found guilty of the offences Under Section 308, 323 and 325/34 I.P.C. and sentenced to undergo R.I. for three years, 18 months and 18 months respectively. The sentences have been made concurrents. Against this order dated 6-11-1979 regarding conviction and sentences, the accused appellants have approached this Court in appeal.

(2.) The charges related to occurrence of 10-10-1975 at about 5.30 p.m. in village Htepur P.S. Kampil. According to the prosecution story, one Smt. Jagdei was painting the court-yard with cow-dung when Deep Singh armed with Kanta, Pati Ram and Sahab Singh armed with Lathis arrived and objected to this painting. The exchange of words took place and Sahab Singh assaulted Smt. Jagdei with his cudgle and on her alarm Lekhram, Totaram, Gangadin and others also arrived. On their questioning as to why they had assaulted Smt. Jagdei, Deep Singh accused caused Farsa injuries to Lekhram who got unconscious. An F.l.R. of the incident is said to have been lodged at P.S. at 18.20 hours on the same day, the distance of police station being about 2 miles. As usual investigation proceeded and since the case was registered under Sections 308, 323, 324 I.P.C, a chargesheet under the said sections was submited and accused committed to the Court of Sessions.

(3.) After charges, the prosecution examined P.W. 1 Sitaram, and P.W. 2 Smt. Jagdei as witnesses of the occurrence, P.W. 3 H. C. Laxmi Narayan, P.W. 4 Dr. R. P. Gupta and P.W. 5 Dr. R.K. Gupta as also P.W. 6 H. C. Dalbir Singh and P.W. S. 1. Surendra Singh to prove its case. Needless to say that the doctors were examined to prove certain injury reports including supplementary report certifying some injuries to be grievous in nature as metacarpal and petella bones were said to have been fractured and the evidence of police constable was of formal nature. The court also examined Lekhram, father of Sitaram P.W. 1 who was also injured as a court witness No. 1 and after considering these evidences the learned Sessions Judge recorded the above said conviction and sentence.