RAGHUBAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) 1. The present appeal has been di rected against the judgment and order dated 03-02-1982 passed by Sri K. C. Singh, the then Sessions Judge, Pithoragarh in Sessions Trial No. 18 of 1977 convicting the appellants u/s 326/ 34 I. PC. and sentencing him to undergo three years imprisonment. Feeling ag grieved by the said judgment and order the present appeal has been preferred.

(2.) BRIEF facts for the disposal of this appeal are that on 19-10-1975 at about 10:00 a. m. the complainant Prahlad Singh went to the water tank of his vil lage at about 11:00 a. m. to wash his face and hand. The accused-appellants whose fields are nearby the tank started hurling abuses on the injured Prahlad Singh. The injured Prahlad Singh pro tested the same. Thereafter the father of the appellants thrown stone from the above which hit the injured on his head and it began to bleed. Then the father of the appellants as well as the appel lants came near to the injured and caught hold him. While the injured was trying to get himself released, he heard the voice of Raghubar Singh who was exhorting that the injured should be killed. Thereafter, Raghubar Singh-ac cused gave a blow with 'bariath' (a sharp edged weapon) as a result of which the injured suffered an injury in his right shoulder. Immediately, Harak Ram and Soban Ram arrived there and raised alarm. When the accused saw Harak Ram and Soban Ram coming to wards the place of occurrence the ac cused fled away from the spot.

(3.) THE accused-appellants were charged u/s 307 read with 34 I. P. C. and they denied the charges levelled against them and claimed trial. During the pendency of the appeal, the appellant No. 2 Har Singh had died on 12-04-2003. THE appeal has already been abated against the appellant No. 2-Har Singh vide court's order dated 26-10-2005.