TEJ PAL Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred by (1) Tejpal S/o Pyarelal, (2) Devendra, (3) Arvind and (4) Krishna sons of Tejpal, all residents of Kasba Vajirganj, police station Vajirganj, district Badaun, against the judgment and order dated 10th August, 2006 passed by Sri Arun Chandra Srivastava, Additional District and Sessions Judge (F.T.C. No. 3), Badaun, in Sessions Trial No. 108/02, whereby they have been found guilty and convicted under Sections 323/34, 304/34 and 504, I.P.C. and have been sentenced to undergo rigorous imprisonment for one year, 10 years and one year respectively. Fine of Rs. 5,000 on each of the accused has been imposed under Section 304/34, I.P.C. default stipulation of one year. All the sentences of each of the accused have been directed to run concurrently. It has been further directed that after the fine is recovered Rs. 5,000 shall be paid to Hansraj, the injured and Rs. 10,000 to the legal heirs of Khemkaran, the deceased.

(2.) THE brief facts of the case are that on 24.2.2001 at about 10 a.m. when the informant Hansraj and his brother Khemkaran were at their house in village Vajirganj the accused persons armed with lathis came to their house and invited Khemkaran for a feast as the marriage of Krishna accused was to take place. Khemkaran refused to go in the feast and at this the accused started abusing him and said as to why he would not come to join the feast. THEreafter the accused persons started belabouring Khemkaran and Hansraj with their lathis. At that time Chhatrapal and Rajpal also came and saw the incident. Khemkaran received grievous injuries and was taken by Hansraj to police station where he lodged oral report at 11.20 a.m. same day. It was written as N.C.R. and its copy is Ex. Ka-2.

(3.) DR. V. P. Bharadwaj also examined Hansraj same day at 1.15 p.m. and found following injuries on his person.