DHEERA Vs. STATE OF U P

JUDGEMENT

(1.) There are two appellants in this appeal which is directed against the judgment and order dated 27/6/1979 passed by II Additional Sessions Judge, Bijnor in Sessions Trial No. 113 of 1977 whereby the two appellants were convicted of the offence under Section 326 read with Section 34 I.P.C., and sentenced to three years TR.I. each, while the remaining eight coaccused who were put on trial along with the appellants were acquitted by the learned II Additional Sessions Judge.

(2.) The prosecution case as unfolded during trial is as under: About 15 months before the occurrence, Jogendra Singh, son of Gurdeep Singh complainant was done to death and Ratan, Raghubir Singh, Dheera, Gurdeep Singh, another Dheera, Balvendra Singh and Balwant were nominated as the assailants in that behalf. That case was pending trial on the date of occurrence which took place on 1/9/1976. That case was being prosecuted by Gurdeep Singh complainant He was threatened with dire consequences in case he did not stop doing Pairvi. At about 7 p.m. on the day of occurrence, the complainant Gurdeep Singh was accosted by the two appellants along with Balwant Singh, Tehal Singh, Gurdeep Singh, Dalbir Singh, Balvendra, Malkeet, Prem Singh and Jogendra Singh near the Banyan tree in Jamanwala. Tehal Singh and Prem Singh gave exhortation and all these ten accused persons surrounded the complainant Gurdeep Singh, who thereupon raised a. hue and cry which attracted to the scene of occurrence Mahendra (complainants son), Jaswant Kaur (complainants wife), Gurnam Kaur and Surendra Kaur (the two daughters of the complainant) and witnesses, Suhel Singh, Gyan Singh, Lala Shanti Bux and Hukum Singh. Tehal Singh dealt a blow with his sword at the complainants arm and Gurdeep Singh also gave another blow with his sword which landed on the back of the complainant. Mahendra was likewise given blows with their swords by the two appellants and Jogendra Singh. The complainant Gurdeep Singh and his son Mahendra received injuries and fell down on the ground. Accused Balwant Singh was also armed with a sword and the remaining accused Dalbir Singh, Balvendra, Malkeetand Prem Singh were armed with lathies. The lathiwalas caused injuries to Smt. Gurnam Kaur and Smt. Jaswant Kaur when they tried to intervene.

(3.) This incident was reported at Police Station Afazalgarh at 10 a.m. by the complainant, Gurdeep Singh, Investigation followed. Bloodstained and simple earth were also seized from the place of occurrence during investigation and the injured were medically examined at Afazalgarh dispensary on 2/9/1976 by Dr. B.C. Sharma (P.W. 3). After completing the investigation, a charge-sheet for prosecution of the ten accused persons nominated in the First Information Report was submitted by the Investigating Officer. The case was committed to the Court of Sessions on 1/6/1977 by the Chief Judicial Magistrate, Bijnor.