RAGHUBIR Vs. STATE

JUDGEMENT

(1.) The then IIIrd Addl. Sessions Judge, Mainpuri, vide his judgment and order dated 28-7-79, convicted the accused Raghubir on a charge under Section 324, I.P.C. He acquitted him and others accused under others heads of charges in S.T. No. 94 of 77, State v. Raghubir and five Ors., of District Mainpuri.

(2.) The prosecution case started on the basis of a written FIR, Exhibit Ka-4, lodged by Amar Singh at P. S. Kotwali, Mainpuri on 28-4-74 at 11.15 a.m. The incident is of the same date of about 9 a.m. The distance of the police station is 7 miles. It has been alleged that the complainant along with Smt. Ram Kunwar, Karan Singh, Bhim Sen and Mewa Ram was cutting sugarcane in the field of Shcovati, widow of Ram Kishan. Sewa Ram was a Sajhidar, Then all of a sudden accused Behari, Shiv Charan, Raghuvir (appellant), Jhabbu, Ram Kishore, Bidu and Lakhan arrived there. Raghuvir had a gun and others had lathies. At the behest of Behari, Raghuvir fired at Sewa Ram. Behari injured Smt. Ram Kunwar with Jathi. and Smt., Sonkali bite Smt. Ram Kunwar with her teeth. Lakhan and Bidu set the surgarcane at the fire. The sugarcane crops started burning. The injured was brought to Dr. Multan, who advised for removal of Sewa Ram to Mainpuri and thus Sewa Ram was brought to Mainpuri.

(3.) The medical examination took place on 28-4-74 at about 1.40 p.m. As many as fire gunshot wounds were found on the person of the injured Sewa Ram.