RAKSHA PAL Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed by appellants Raksha Pal, Sadhu Singh, Mansha Ram and Amit Singh challenging the judgement and order dtd. 7/3/1987 passed by 7th Additional Sessions Judge, Etah in Session Trial No. 189 of 1986 (State vs. Raksha Pal and others) under Ss. 325 / 34 and 304 / 34 I.P.C., Police Station Soron, District Etah whereby all the appellants have been convicted and sentenced under Sec. 304 read with Sec. 34 I.P.C. to undergo 10 years rigorous imprisonment with fine of Rs.1,000.00 each and the appellants were further convicted and sentenced under Sec. 325 I.P.C. read with Sec. 34 I.P.C. to undergo one year rigorous imprisonment and in default of payment of fine, the appellants were to undergo one year rigorous imprisonment. All the sentences were to run concurrently.

(2.) During the pendency of the instant criminal appeal, the appellant no. 1 Raksha Pal and appellant no. 3 Mansha Ram have died, on behalf of them, the instant criminal appeal was abated by this Court. The present appeal is being decided only for the appellant no. 2 Sadhu Singh and appellant no. 4 Amit Singh.

(3.) As per the prosecution story, the incident occurred on 22/8/1985 at 12:00 noon, when the accused persons, namely Mansha Ram, Raksha Pal, Amit Singh, and Sadhu, having their field nearby the field of complainant, assaulted the complainant (Bhure Singh) and his brother, Atar Singh, (subsequently died on 25/8/1985). After the post-mortem examination, the case was registered. It has further been stated in the written report (Ex.Ka- 1) that he was examined by a doctor at Kasganj and was advised for X-ray and when the X-ray (Ex.Ka-16) was done, a fracture of the left index finger was found. On the basis of the aforesaid report, a Non-Cognizable Report was lodged by the concerned police.