RAM BHAROSEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal to the judgment and order dated 15.12.1987, passed by Sri Nirvikar Gupta, the then Vth Additional Sessions Judge, Pilibhit in Sessions Trial No. 84 of 1986 (State vs. Ram Bharosey and others), arising out of Case Crime No. 371 of 1985, P.S. Puranpur, District Pilibhit, whereby the appellant Ram Bharosey has been found guilty for the offence punishable under Section 307 I.P.C. and sentenced to undergo four years R.I. and to pay a fine of Rs. 1000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution version as unfolded during trial is that on 16.12.1985, the brother of the informant namely Matadeen had de-chained the cows who disturbed the accused Rameshwar Dayal and Ram Bharosey. At this Matadeen drove his cows away from there but the accused Ram Bharosey, Rameshwar Dayal, Vijay Kumar and Ram Gopal armed with knives and lathi came and started assaulting the brother of the informant namely Matadeen due to which he sustained injuries on his stomach. The occurrence took place at 12 O'clock in the day time on 16.12.1985. This occurrence was witnessed by Hari Om and Godhan Lal, hence the report was lodged.

(3.) On the basis of this report the case under Section 307 I.P.C. was registered at P.S. Puranpur. The injured Matadeen was referred to district hospital Pilibhit for medical examination, where Dr. S.K. Agrawal, PW-4 examined him at 03:15 P.M. on 16.12.1985 and found the following injuries on his person :-