BABU Vs. STATE

JUDGEMENT

(1.) The then IIIrd Addl. Sessions Judge, Bulandshahr vide his judgement and order dated 6-4-79 passed in S.T. No. 268 of 1978 State v. Babu Singh and Tejpal, held the accused appellants Babu and Tejpal guilty of a charge u/s 326/34 IPC and 326 IPC respectively and sentenced them to undergo 4 years R.I. Co-accused Samai Singh was given benefit of doubt and acquitted.

(2.) The prosecution case started on the basis of the FIR Exhibit Ka 1 lodged by Sohan Lal, PW 2 at the Police Station Sayana on 28-8-76 at 7 a.m. The occurrance took place in the same morning at about 6 a.m. The distance of the police station is 2 miles. It has been alleged that on the date of occurrance i.e. 28-8-76 around 6 a.m. the complainant's brother Mohan Lal, PW 1 was going to ease out. When he reached near the houses of Gopal and Tejpal accused, there were 8-9 other persons. They all pounced upon the complainant. Tejpal pierced his knife and badly injured Mohan Lal. The witnesses arrived after hearing the alarm, including Dal Chand Dal Chand was injured by the knife by the accused. Thereafter, the accused bolted away. In the FIR, names of 9 accused in all have been mentioned.

(3.) On the basis of the written report, chik was prepared at the police station by Constable Rajbir Singh and the case was registered in the G.D. The injured persons were referred for medical examination. Dr. S. U. K. Zuberi, PW 7 medically examined Mohan Lal at the District Hospital, Bulandshahr at 10.10 a.m. and found three incised wounds in theabdominal portion, details of which have been given in the judgement of the learned lower Court. The injuries were serious in nature and they could prove fatal. They were caused by a sharp-edged weapon like knife. They were fresh. As the condition of the vistim was very serious, he was referred to Safdarganj Hospital, Delhi, where he was examined by Dr. Suresh Pandit. He found three stab wounds-one of the wounds had pierced upto 5th and 6th vertibra, causing traumatic paralysis. The patient was discharged on 21-9-76 and his traumatic paralysis could not be cured. That has become a life-long gift, vide the statement of PW 6 Dr. A. Sural, who has proved his medical report prepared by Dr. Pandit.