NARENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the impugned judgement and order dated 24.9.1981 in S.T. No. 257 of 1979 passed by 5th Additional Sessions Judge, Etawah convicting and sentencing ,the appellant under Sec. 307 I.P.C. to seven years and a fine of Rs. 5000.00. In default of payment of fine, there is one year's R.I.

(2.) Brief facts arising out of this appeal are that there was some altercation in between the accused Narendra Smgh and injured Shiv Singh (P.W.3) about 8 or 10 days before the alleged incident in respect of grazing of tattles and on account, of it, the accused Narendra Singh and his father Jamadar Singh felt annoyed with the injured Shiv Singh and his brother informant Ratan Singh (P.W.4). On 18.8.1978 at about 8.00 A.M., injured Shiv Singh (P.W.3) was returning after seeing off the son of his uncle and when he reached on the Pulia of the Bumba situated in village Sirhaul within the circle of police station Jaswantnagar, district Etawah and when he reached near the field of one Atar Singh near the northern Patri of the Bumba, the accused persons came out from the sugarcane crop standing in the field of Atar Singh. Accused Jamadar Singh had an axe with him and he handed over it to his son Narendra Singh pointing him out that Shiv Singh is going and he should he killed and he should not be escaped and by saying it handed over an axe to accused Narendra Singh who attacked upon Shiv Singh with an axe. Shiv Singh tried to defend himself and in doing so he crossed Bumba and went on southern side (Patri) of the Bumba. The accused Narendra Singh followed him and again gave 5 or 6 blows, as a result of which Sitiv Singh (F.W.3) fell down and became unconscious. It is alleged that Ratan Singh informant (P.W.4) was near the field. He rushed to the scene of occurrence and along with him Tara Chand (P.W.6) and Ram Sanehi (P.W.7) also reached there. Ram Sanehi (P.W. 7) intervened in the scuffle and during the course of it he also sustained injuries vide injury report Ex.Ka-4. The accused Nartendra Singh than ran away. Ratan Singh (P.W.4) prepared a written report vide Ex.Ka-2 and took it to the police station, Jaswantnagar where it was lodged on the basis of which a chick report Ext.Ka-5 was prepared and G.D. Entry copy Ext.Ka- 6 was made and then Shiv Singh was taken to Primary Health Centre, Jaswantnagar where he was medically examined by Dr. Vinod Kumar Jadon medical officer (P.W.5) vide injury report Ext. Ka-3.

(3.) Ram Sanehi (P.W.7) was also medically examined vide injury report Ext. Ka-4.