LAXMAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS a criminal appeal against the judgment and order dated 31st August, 1992 passed by Sri Krishna Kumar, the then Sessions Judge, Pauri Garhwal in S. T. Nos. 20 & 21 of 1990 whereby the appellants were convicted u/ s 325 read with Section 34, 342 read with 341. RC. and sentenced them to undergo R. I. for a period of two years and one year re spectively. Both the sentences were to run concurrently.

(2.) THE prosecution case in a nut shell is that on 25-10-1989, Constable Birendra Singh was on patrol duty on the occasion of Diwali to inquire about gambling etc. Birendra Singh reached at the shop of Laxman Singh- appellant No. 1 at 10:30 P. M. THE Constable-Birendra Singh asked about the dispute of Gram Pradhan on which the appel lant- Laxman Singh abused and threat ened him. THE appellant gave lathi blow to the constable and caused inju ries on his body. During the course of marpeet, father of the appellant Mahadev Singh reached there and both of them caught hold of Birendra Singh and confined him inside the shop. THEy also looted cash of Rs. 108/- and wrist watch from the constable. THEy tied the constable Birendra Singh with rope in side the room. On the next day Mahadev Singh went to make arrange ment for a vehicle because in the night Laxman Singh-appellant told him that liquor shall be forcibly given to him and he shall be produced before the court of C J. M. for sending him to jail. In the meantime, S. I. reached there and res cued the constable from the custody of Laxman Singh- appellant No. 1.

(3.) THE prosecution in support of its case examined five witnesses. Shiv Singh Bisht (PW1) was the X-ray Tech nician. He stated that on 31-10-1989 he took X-ray of left forearm of Birendra Singh. He also proved the X-ray plate Ex. 1. Virendra Singh- Court Mouhrir (PW2) has stated that on 25-10-1989 he was posted at Chowki Sabdarkhal of police station Devprayag. He narrated the incident as stated above. Dr. R. N. Uniyal (PW3) was the Medical Officer, who examined the in juries of Constable Birendra Singh and found the following injuries on the per son of the injured: i. Traumatic wound 4x2 cm. just above the left elbow joint. ii. Traumatic wound with reddish colour 4 x l/2 cm. laceration 11 cm. Below left shoulder joint. iii. Traumatic wound 8x3 cm. Ob liquely medical to laterally lower margin of left scapular bone. iv. Swelling present left hand middle and ring finger dorsal side due to trauma. v. Traumatic injury with red skin little blood discharge in both legs 10 to 14 cm. Below the left and right patella bone respectively (front side ). vi. Bluish skin due to trauma around left eye. vii. Upper lip swelling is present due to traumatic. THE Medical Officer was opined that the injuries were simple and were caused by some blunt object like lathi and were 13 hours old. He also stated that injured was advised for X-ray. As per the X-ray report, there was fracture corresponding to injury No. 1.