RAMCHANDRA SINGH Vs. STATE

JUDGEMENT

(1.) D. C. Srivastava, J. This is an appeal against the judgment and order dated 19th January, 1980 of Sri S. K. Jain, I Additional Sessions Judge, Muzaffarnagar convicting the seven appellants under Section 452,147 and 307/149, IPC and sentencing them to undergo two years R. I. under Section 452, IPC six months R. I. under Section 147, IPC and five years R. I. under Section 307/149, I. P. C. Appellants Harbir, Daryav Singh, Ram Chandra and Dharampal were further convicted and sentenced to undergo three years R. I. under Section 307/149, IPC.

(2.) THE prosecution story is that on 23-4-1976 at about 8 a. m. nine persons including the appellants entered the house of Nahar Singh, uncle of the informant Chandra Prakash, armed with spears and Bhalas. In the incident Katar Singh, Bhanwar Singh, Shishpal, Karan Singh and Smt. Banso received injuries. THE injured were sent to the hospital through constable Kadam Singh. THE Medical Officer at P. H. C. Kandhla, district Muzaf farnagar examined the injured and found their condition serious, hence they were referred to the District Hospital, Muzaffarnagar. X-ray was done at District Hospital, Muzaffar nagar. Some-time was taken in looking after the injured and thereafter a written F. I. R. was lodged. THE incident was seen by Kadam Singh, Ujala and Niranjan Singh. THEy inter vened and saved them.

(3.) SHISHPAL recieved five injuries, out of which three incised injuries and two lacerated injuries. Bushirt and Banyan were cut. Injuries No. 1, 2 and 3 were kept under observation. Injuries No. 4 and 5 were simple. Injuries No. 1 and 4 were caused by blunt object, while the remaining injuries were caused by sharp object.