SUREDNRA & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 20.9.1997 passed by IIIrd Additional Sessions Judge, Kheri in S.T. No. 234 of 1993 (State Surendra & Others) arising out of Crime No. 143 of 1990, under Sections 323, 324 and 308 I.P.C., Police Station-Mohammadi, District-Kheri, whereby the accused-appellants Surendra, Ravindra and Rajendra were found guilty and sentenced to three years' rigorous imprisonment under Section 308 read with Section 34 I.P.C., six months' rigorous imprisonment under Section 323 read with Section 34 I.P.C. and two years' rigorous imprisonment under Section 324 read with Section 34 I.P.C.

(2.) The brief facts of the case are that the informant Punai lodged oral complaint at the police station stating that on 19.5.1990 at about 4:00 p.m. his sons Rameshwar and Naresh were managing their Dunlop (Kath). The accused Surendra and Ravindra armed with Kanta and Lathi were passing from the way. Suddenly ox shook his head, at which Surendra and Ravindra started abusing Rameshwar and Naresh. Altercations took place between them, at which Rajendra armed with small axe and Kedari armed with Lathi came. Informant asked them to desist, but they pulled Rameshwar from Kath and all the four assaulted him with Kanta and Lathi. Villagers namely Ramchandra and others came, the informant also ran to save his son, at which he was also beaten. When hue and cry was raised, the accused fled away. Injured Rameshwar was brought in a Kath to lodge the report. On the basis of this, report lodged, which ended into a charge-sheet.

(3.) The prosecution examined P.W. 1 Punai the informant, who proved the oral report as Exhibit Ka-1. P.W. 2 is Rameshwar the injured. P.W. 3 is Naresh son of the informant, who is also said to be eye-witness to the occurrence. P.W. 4 is S.I. Satya Prakash Sachan, who conducted the investigation. On 19.5.1990 he recorded the statement of the informant. On 20.5.1990 the accused Surendra and Ravindra were arrested. On the same day, the statement of witness Bhuthar, Ram Chhattar and Naresh were recorded. The site was inspected and site plan was prepared and proved by this witness as Exhibit Ka-2. On 12.6.1990, the statement of Rajendra and Kedari was recorded in the District Jail. After investigation this witness submitted the charge-sheet, which was proved as Exhibit Ka-3. This witness further proved the copy of G.D. As Exhibit Ka-4.