RAJA SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by four persons, namely, Raja Singh, Bachai Singh, Dularey and Nankoo, who have each been convicted under Section 394 I.P.C. and have been sentenced to 7 years' rigorous imprisonment.

(2.) IT appears that on 9th November, 1952 at about 6 30 p.m. Pyare Lal, resident of village Maupur, Jagannath resident of village Katherwa, and Dwarka resident of Kuthara, were going on their cycles to Kathare; that on the way they were waylaid by the Appellants who were armed with lathis; that Raja Singh accused thrust his lathi into the spokes on the front wheel of the cycle of Pyare Lal on account of which he fell down. It is further alleged that Dwarka, and Jagannath then got down from their cycles; that thereafter the accused Bachai Singh, Dularey and Nankoo forcibly took the cycles of Pyare Lal, Jagannath and Dwarka and ran away with them towards the south; that the accused Raja Singh remained standing near Pyare Lal, Jagannath 2nd Dwarka so that they may not raise any alarm; and that Pyare Lal araised an alarm and he was given lathi blows by Raja Singh. On hearing the alarm Pachu Chaukidar , Matadin Chowkidar, Girja and Mahabir constable, Shiv Sahai Gupta and Shanker Dayal came there. The accused were chased and were caught with the cycles with which they were running away. They were taken to Police Station Bidhnoo along with the cycles and lathis and Pyare Lal made a report there at 8 -30 p.m. After the necessary investigation the accused were sent up for trial.

(3.) PYARE Lal was examined by Dr. B.R. Sood, Medical Officer, of U.H.M. Hospital, Kanpur, on the 11th November, 1952 at 11 -30 a.m. His evidence shows that Pyare Lal had two injuries on his person, one of which was a septic oblique contused wound on the left side of the head 1" above the hair margin and the other was also a contused wound behind the top of the head and that both these injuries were simple and were caused by some blunt weapon like lathi. In view of the above medical evidence there is no doubt that Pyare Lal was beaten with lathi on account of which he received injuries.