MAHARAJ SINGH Vs. STATE

JUDGEMENT

(1.) V. D. Chaturvedi, J. This Criminal Appeal has been filed against the judgment and order dated 18-8-81 passed by the then Sessions Judge, Aligarh in Sessions Trial No. 469 of 1980 whereby he has convicted the appellants under Section 304 (Part II)/34, 325/34,324/34 and 323/34 IPC and has sentenced them to five years RI, one and a half years RI, one year RI and three months RI respectively. The sentences were ordered to run concurrently.

(2.) THE written report Ex. Ka-5 lodged by Puran Singh son of Dhundhi Singh resident of village Subkara, P. S. Gonda, District Aligarh disclosed that in the morning of 30-7-1980 the complainant's nephew Ashok Singh, aged about 7 years, was watching his cattle which were grazing in jungle; that Km. Gudda, (daughter of accused Maharaj Singh) was also there to watch her cattle; that they have quarreled there and have beaten each other; that Km. Gudda made its complaint to her father Maharaj Singh, who in turn had beaten the complainant's nephew Ashok; that Ashok told this incident to the complainant's brother Nihal Singh who thereafter went to Maharaj Singh and asked him as to why he had beaten his nephew whereupon Maharaj Singh became irked, replied in harsh words and threatened that he would cut each of them and challenged him that if he (Nihal Singh) was a real son of his parents he must stay there and he (Maharaj Singh) would not leave him alive; that Maharaj Singh dashed to his house and brought a spear and his brother Amar Singh brought a lathi; that Amar Singh exhorted "maro SALOn KO JINDA NA BACH SAKEN" whereupon Maharaj Singh inflicted a spear blow at the left side of Nihal Singh's chest; that complainant's brother Hodil Singh with a lathi reached there for the rescue of Nihal Singh and made efforts to protect Nihal Singh whereupon a spear blow on his chest was also inflicted; that when complainant's mother Giriraji, reached there, the accused persons had assaulted her also; that the accused persons had beaten them on the pathway and on Chabutara; that the occurrence took place at 1. 30 p. m. ; that the witnesses Hoti Singh, Mahabir Singh, Roshan Singh, and the complainant and others reached there whereafter the accused persons ran away; that while the complainant was carrying his brother Nihal Singh and Hodil Singh and mother Giriraji Devi to police station on a cart, his brother Nihal Singh succumbed to his injuries on the way to the police station. THE written report (Ex. Ka-2) was submitted at P. S. Gonda same day at 2. 45 p. m.

(3.) INJURED Hodil Singh (P. W. 3) was medically examined on 30-7- 1980 at 3. 45 p. m. by Dr. H. N. Singh (P. W. 5) who found the following six injuries on his person: (i) Stabbed wound 2 cm. x 1 cm. x 2 cm. in size on the right side of chest 2. 2cm above the right nipple at 2' O clock position. Margins are dean cut and regular. Shape of wound is spindle shaped and gaping is present Fresh blood is present. Air is coming out from wound. (ii) Contusion 12 cm. x 1. 5 cm. in size on the leftside of back 4 cm away from mid line at level of Dorsal 7th spine. Colour is red. (iii) Contusion 5 cm. x 2 cm. in size on the right side of back, 2cm. away from mid line at level of 9th dorsal 7th spine. (iv) Traumatic swelling 5 cm. x 4 cm. on dorsum of right hand. Colour is red. Marked tenderness present. (v) Indeed wound 1 cm. x 0. 1 cm. x O. 1 cm. in size on the PIP joint of right index finger. Margins are regular and clean cut Fresh blood is present. (vi) Traumatic swelling 3 cm x 2 cm. in size on the back of right forearm 6 cm distal to olecranon. Colour is red.