HARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal ap ­peal has been preferred against judgment and order dated 2.12.1981 passed by learned Addl. Sessions Judges Judge, Budaun in Sessions Trial No. 119 of 1980 convicting the appellants under sections 452 and 307 IFC and a sentence of 2 years and 5 years Rigorous Imprisonment re ­spectively. It was directed that both the sentences shall run concurrently.

(2.) HEARD Sri R.B. Sharma learned Counsel for the appellants, learned AGA and have gone through the record.

(3.) ACCORDING to prosecution Jhandu brother of the victim Jhamman got FIR written by one Prem Pal against the appel ­lants and one Munna Lal and lodged it at Police Station Udhaiti. It was written in the FIR that about seven months and some days before Hari Singh appellant had lodged FIR against injured Jhamman. After investigation charge -sheet was not submit ­ted Hari Singh was not arrested hence the appellants were nursing bad blood against Jhamman. Jhamman and Jhandu lived at the residence of their maternal uncle Rohan Singh. Hari Singh and Mahendra Singh appellants are of his village Vanshpur, P.S. Udhaiti district Budaun. Accused Munna Lal who was acquitted by learned Sessions Judge is Maternal uncle of Hari Singh. In the night of 28/29 October, 1979 at about 11 p.m. Hari Singh and Mahendra Singh armed with Gandasa went over the roof of the house of Rohan maternal uncle of Jhamman co -accused Munna Lal caught hold of Jhamman, Hari Singh and Mahen ­dra Singh caused injuries to Jhamman with Gandasa. On his cries Jhandu and Rohan his maternal uncle who were sleeping be ­side Jhamman woke up on shrieks of Jhamman Asharfi and Ved Ram having torch with them went on the spot. Village persons chased the appellants but appel ­lants were successful in making their es ­cape good. Jhandu got the FIR written from Prem Pal and went in the morning and lodged FIR against the appellant one Munna Lal.