LAXMI CHAND Vs. STATE OF U P

JUDGEMENT

(1.) Both the above appeals have been filed against the judgment and order dated 31.7.1981 passed by III Additional Sessions Judge, Muzaffarnagar in S.T. No. 179 of 1979 &,No. 186 of 1980 whereby the appellants have been convicted under Section 147 I.P.C, and sentenced to undergo rigorous imprisonment for one year, under Sections 302/149 I.P.C. and sentenced to undergo imprisonment for life, under Section 323/149 I.P.C. and sentenced to undergo rigorous imprisonment for nine months, under Sections 324/149 I.P.C. and sentenced to undergo rigorous imprisonment for two years. The appellants Sukkha and Nathu have also been convicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for two years. All the sentences were ordered to run concurrently.

(2.) The brief facts of the case, mentioned in the first information report lodged by Ramesh at the Police Station Purqazi, district Muzaffar Nagar, are that on 15.9.78 at about 8.00 p.m. he was present at the house of his uncle Ram Singh and while he was talking with him, the appellant Sukkha reached there and told Ram Singh that since he was mediator in his marriage and his father-in-law is not sending his wife to his house, he should intervene in the matter and arrange for sending his wife to his house Ram Singh refused to intervene in the matter because the dispute was between Sukkha and his father-in-law. At this appellant Sukkha started abusing Ram Singh and an alarm was raised. Thereupon, all the accused namely Laxmi Singh, Sher Singh, Babu Ram, Keshav and Natthu who was armed with Daon reached there. Sukkha had assaulted Ram Singh with his knife, which was concealed in his Sudde. On hearing the noise Hari Singh, Phool Chand; Ram Kishan, Phulloo and informant rushed there and tied to rescue Ram Singh, but the accused beaten them and caused injuries with their respective weapons. Satya Pal, Mahendra, Inder, Natthu, Tej Pal had also reached there and intervened in the matter. The accused persons fled away from the place of occurrence. Hari Singh was seriously injured and he was taken to the hospital by Atar Singh and Brahma. The report of the offence was lodged on 15.9.78 at 8.30 p.m. The distance of the police station was only 2 km.

(3.) Initially the report was registered under Sections 147, 148, 149, 308, 324, 323 I.P.C. After the registration of the report P.W.9. V.N. Singh Chauhan commenced the investigation. On 15.9.78 he recorded" the statement of Ramesh Chand, informant. He inspected the place of occurrence and prepared the site plan, which is Ex.Ka.11. He also collected plain and blood stained earth and prepared its recovery memo, which is Ex.Kar.12 Thereafter he reached in the hospital where he found the dead body of Hari Singh. He appointed Sub-inspector Banwari Lal Sahrma to prepare the inquest memo. He recorded the statements of Ram Singh and Phool Chand. On 16.9.78 he recorded the statements of Phullu and Ram Kishan. The inquest memo of the dead body was prepared by B.L. Sharma, Ex.Ka.13. The dead body was handed over to constables Hari Prakash and Kishan Lal for carrying to Mortuary. Challan Lash is Ex.Ka.14. On 17.9.78 Laxmi Chand, Babu Ram and Sher Singh were arrested. On 18.9.78 Sukkha and Keshav were arrested. On the pointing out of Sukkha one knife (Ex.4) and Daon (Ex.2) were recovered and recovery memo was prepared, which is Ex.Ka.15. He had also prepared site plan of the recovery of weapons, which is Ex.Ka.16. On 31.12.78 statements of Simru, Dharam Singh and Zulfi @ Shafi were recorded and thereafter charge sheet was submitted. Charge sheet of Natthu was filed in absconding. The charge sheet is Ex. ka. 18.