JAGDISH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Appellant Brijendra and Rajveer were convicted under Ss. 148, 324/325/149 IPC and appellants Harish Shukla, Jagdish Kumar and Suraj were convicted under Ss. 147/324/325/149 IPC and were sentenced to undergo R. I. for one year under Sec. 148, one year under Sec. 324, three years under Sections 325/149 IPC and six months under Section 147 I.P.C. and one year under Section 324, three years under Secs. 325/149 IPC vide judgement and order dated 20-8-1983 by Sri Jagdish Singh, VIIIth Addl. Sessions Judge, Ghaziabad. They all have come up in appeal-before this Court.

(2.) The prosecution claimed that an 27-7-1982 at about 5-6 p.m. near Shiv Mandir, Muradnagar Estate P. S. Muradnagar, District Ghaziabad, appellants Brijendra and Rajvir duly armed with knife, appellant Jagdish armed with hockey, appellants Harish Shukla and Suraj armed with Lathi and Danda had formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they assaulted Dharam Pal by means of their respective weapons and had caused injuries to him.

(3.) Brahmapal PW 1, brother of the deceased came to know about this incident and he immediately came to the scene of occurrence and took his brother Dharampal to police station Muradnagar, where he lodged the report Ex Ka 1. Dharampal was thereafter taken to M. M. Hospital at Ghazibad, where he was medically examined by the Medical Officer on duty at 8.45 p.m. on 27-7-82, who found the following injuries on his person :