RAVINDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) Cr.P.C. has been filed by the accused persons Ravindra Kumar son of Vifai, Vifai son of Nagai, both residents of Village Harkhupur, Police Station Khondare, District Gonda and Dileep Kumar son of Mitthu resident of Manauthi, Police Station Sonha, District Basti, against the judgment and order dated 01.9.2005 passed by the IIIrd Additional Sessions Judge, Gonda, in Sessions Trial No.187 of 2001, arising out of Case Crime No.17 of 2001 pertaining to Police Station Khondare District Gonda, by which, accused -appellant Ravindra Kumar has been convicted under Sections 302/34 I.P.C. and has been sentenced to undergo life imprisonment and a fine of Rs.15,000/ -. He has further been convicted under Section 307 I.P.C. and has been sentenced to undergo ten years rigorous imprisonment and a fine of Rs.10,000/ - and under Section 427 I.P.C. he has been sentenced to undergo six months rigorous imprisonment. Accused -Dileep Kumar has been found guilty under Section 302 I.P.C. and has been convicted with life imprisonment and fine of Rs.15,000/ -. He has further been convicted under Section 307/34 I.P.C. and has been sentenced to undergo 10 years rigorous imprisonment and a fine of Rs.10,000/ -. Accused Vifai son of Nagai has been found guilty under Sections 302/34 I.P.C. and has been sentenced to undergo life imprisonment. He has been found guilty under Section 307/34 I.P.C. and has further been convicted for 10 years rigorous imprisonment and Rs.10,000/ - as fine. It further stipulates that all the sentences shall run concurrently.

(2.) THE prosecution story, as narrated in the F.I.R., is that one Buddhoo son of Muneshwar Dhobi resident of Village Harkhupur, Police Station Khondare, District Gonda had submitted a written complaint dated 5.4.2001 in the police station concerned wherein it was stated that on 5.4.2001 at about 6.00 p.m., a papaya tree of his uncle which was in the western side of the house, was cut down by Ravindra Kumar son of Vifai Ram Harijan resident of Village Harkhupur, Police Station Khondare, District Gonda, whereupon his unle Salik Ram son of Pathhey Dhobi and his son Dinesh Kumar had made a protest as to why the papaya tree was cut down. Annoyed on this Ravindra Kumar son of Vifai Ram resident of Harkhupur, Police Station Khondare, District Gonda and one Dileep Kumar who is living in the house of Ravindra Kumar and whose correct address is not known, started giving abuses and with an intention to kill, all the three attacked Salik Ram and Dinesh Kumar. Ravindra Kumar inflicted sickle blow upon Dinesh Kumar @ Jugnu in the abdomen and Dileep inflicted sickle blow in the abdomen of Salik Ram, due to which he fell down. Then Vifai Ram inflicted lathi blow upon Salik Ram and Dinesh Kumar, due to which, they sustained injuries. This incident was seen by the complainant, his brother Ram Awtar, co -villager Jata Shanker, son of Radhika Prasad Mishra and other persons of the locality. A request was made that the report be lodged and legal action be taken against the accused -persons. This written complaint was having thumb impression of the complainant Buddhoo. On the basis of this written complaint, chick F.I.R. was prepared initially under Crime No.117 of 2001, under Sections 307, 427, 504 I.P.C. on 5.4.2001 at 20.45 hours. The distance from the place of occurrence to the police station is shown as 8 kilometers and an entry to this effect was made in the G.D.Report No.25 at 20.45 hours in the Police Station Khondare District Gonda.

(3.) IT appears from the record that the injured persons were also taken to the police station where their injuries were entered in the G.D., and a letter from the police station was issued for the medical examination of both the injured persons. The investigation was handed over to the Investigating Officer and the injured were sent for medical examination to the Primary Health Centre, Babhanjot, District Gonda but since the Incharge Medical Officer of such Primary Health Centre was on leave, the injured persons were sent for medical examination to the District Hospital, Gonda where their injuries were examined on 6.4.2001 and the following injuries were found on the body of Salik Ram : -