GYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -A family consisting of father Gyan Singh and his three sons Jabar Singh alias Pappu, Ajab Singh and Register alias Mahabir have been convicted by Additional Sessions Judge, Court No. 3, Saharanpur in S.T. No. 1365 of 1999, State v. Register alias Mahabir connected with S.T. No. 624 of 2000 Gyan Singh and others for offences under Sections 307/34 and 452, I.P.C. and all of them have been sentenced for 10 years R.I. with fine of Rs. 2,000 each for the first offence and 3-1/2 years R.I. with fine of Rs. 1,000 for the second offence vide his impugned judgment dated 13.7.2006. Trial Judge has further ordered that in default of payment of fine, the appellants accused shall further undergo one year simple imprisonment and the period of imprisonment already served by them in jail shall be counted towards their aforesaid sentences, which shall run concurrently.

(2.) THE prosecution version against the appellants accused are that Om Pal brother of informant Vijay Pal Singh in a heat of anger threw a brick towards his wife Urmila but she budged slightly and pelted brick caused injury to the wife of Pappu alias Jabar Singh, (appellant) for which injured wife lodged a complaint with her family members. Because of the aforesaid reason at 8 p.m., on that day 26.8.1999 appellants Gyan Singh armed with lathi, Ajab Singh, Pappu alias Jabar Singh and Register alias Mahabir armed with knives raided the house of the informant Vijay Pal Singh and assaulted the family members with their respective weapons. On hue and cry, Madan Singh brother of Urmila Devi and co-villagers Jai Bhagwan reached on the spot, intervene in the assault and save the lives of the injured. THEy had witnessed the said incident in the lantern light. While escaping from the place of the incident, the accused had threatened the informant and other witnesses. Om Pal had sustained grievous injury and was immediately rushed to Government Hospital, Deoband from where he was referred to Government Hospital, Saharanpur. Informant Vijay Pal Singh scribed the F.I.R. and lodged it at police station, Deoband, District Saharanpur as Crime No. 507 of 1999 for offences under Sections 452, 307, 504 and 506, I.P.C. on 26.8.1999 at 1.30 p.m.

(3.) IN their statements under Section 313, Cr. P.C., the accused took the usual defence of false implication and in their defence they examined Ram Pal Singh as D.W. 1.