POORAN Vs. STATE

JUDGEMENT

(1.) 1. This appeal preferred under Sec tion 374 (2) of Code of Criminal Proce dure, 1973 (for brevity hereinafter re ferred as Cr. PC.), is directed against the judgment and order dated 28-01-1991, passed by learned Additional Sessions Judge, Roorkee, District Haridwar in Ses sions Trial No. 411 of 1985, whereby the appellants have been convicted and sen tenced to undergo imprisonment for life and seven years' R. I. u/s 302 Indian Pe nal Code, 1860 (hereinafter as I. P. C.) and u/s 307/34i. P. C. respectively.

(2.) THE prosecution story, in brief, is that an EI. R. Ex. Ka. 1 was lodged by the complainant Satish Kumar PW1 at po lice station Rampur alleging therein that on 26-03-1985, Janeshwar Singh, brother of the complainant Satish Kumar and Raj Singh were going on their buggi to take grass from the field and as soon as they reached near the field of Mela Ram of their village, accused-appellants Pooran, Sahu, Jyoti and Dharmraj of their village intercepted and stopped the buggi and told Janeshwar Singh and Raj Singh that both of you have always been preventing us from collecting grass from the field as such, we would teach you lesson today: THE accused-appellants were armed with Kharpali, lathi and axe. THEy assaulted Raj Singh and Janeshwar Singh. Both of them received grievous injuries on their persons. In the meantime, Tahar Singh PW3 and Nakkal Singh who were going towards their fields behind the injured also reached there. Both Tahar Singh PW3 and Nakkal Singh rescued Raj Singh and Janeshwar Singh. THEre after, complainant Satish Kumar PW1 took both the injured Raj Singh and Janeshwar Singh to Police Station Rampur wherein the complainant Satish Kumar lodged the written report Ex. Ka. 1 On the basis of the report, the Head Moharrir registered the case u/s 323/324i. P. C. against the accused- ap pellants. THEreafter both the injured were sent to P. H. C. Rampur for the medical examination. As the condition of Raj Singh was deteriorating, so he was referred to District Hospital Saharanpur. Raj Singh succumbed to his injuries later on. After the death of Raj Singh, the Head Moharrir registered the case u/s 302/323/324 against the ac cused appellants.

(3.) THE prosecution in support of its case examined Satish Kumar PW1 com plainant. He is not an eyewitness of the incident. He is the brother of injured Janeshwar Singh PW2. Janeshwar Singh PW2 is an injured eyewitness. Tahar Singh PW3 is also an eyewitness of the incident. He has also tried to save Janeshwar Singh PW2 and deceased Raj Singh from the accused-appellants at the time of incident. Dr. Jagbir Singh PW4 is the Medical Officer RH. C. Rampur who had medically examined the inju ries of Janeshwar Singh PW2 and the deceased Raj Singh. Dr. J. K. Mittal PW5 had conducted the post mortem of the dead body of deceased Raj Singh. S. I. Gurdeep Singh PW6 is the Investigating Officer who has investigated the matter and submitted the chargesheet. Consta ble Farrok Ahmad PW7 has written the F. I. R. on the basis of the report of the complainant. THE accused-appellants did not adduce any oral and documen tary evidence in their defence.