OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THE then VIIIth Additional Sessions Judge, Buland-shahr vide his judgment and order dated 4-9-79 passed in S. T. No. 9/79, State v. Om Prakash and two others convicted the accused Om Prakash, Madan and Kanchhi on a charge under Section 452, I. P. C. read with Section 34, I. P. C. and sentenced them to undergo 2j years' R. I. and also pay a fine of Rs. 60. On failure to pay line, two mouths' additional R. I. was awarded. THEse accused were further convicted under Section 324, I. P. C. read with Sec-ton 34, I. P. C. and sentenced to undergo years' R. I. Both the sentences were ordered to run concurrently. All the accused were acquitted on the charge under Section 307, I. P. C. read with Section 34, I. P. C. only accused have preferred this appeal and not the State against the order of acquittal under Section 307/34, 1 P. C.

(2.) THE prosecution story started on the basis of F. I. R. lodged by P. W. 4 Charan Singh on 25-8-76 at about 1 a. m. after negotiating a distance of one mile. THE incident is said to have taken place in the same night of 24/25-8-76 at about 12 p. m. It is alleged that the accused are in inimical terms with the complainant and the injured Hari Singh. Litigation has been going on. In one criminal case, the complainant was on bail. This was disliked by the accused, in the night of occurrence, the complainant and Hari Singh, injured were sleeping in their Sehan. A lantern was burning. THE accused Om Prakash and Madan along with Kanchhi, who is the brother-in-law of Om Prakash all of a sudden entered his house. Getting inkling, the complainant and the injured got up and raised an alarm. But the accused Om Prakash, Kachhi and Madan pounced upon Hari Singh and caused knife injuries to him. Hearing the alarm, Allah Bux, PW 2, Girwar Singh, Shyam Lal and several other persons arrived and saw the accused. However, the accused escaped.

(3.) THE prosecution examined PW 1 Hari Singh, the injured. He has narrated the entire prosecution story as contained in the F. I. R.