SURAJMAL Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 06.06.1989 passed by Ist Additional Sessions Judge, Saharanpur, in Sessions Trial No.703 of 1988 State of U.P. Vs. Surajmal and others, arising out of Case Crime No.298 of 1988, under Sections 323/34, 325/34, 302/34 and 452 IPC, Police Station- Deoband, District- Saharanpur, whereby the accused-appellants Surajmal and Sukkad have been sentenced to one year rigorous imprisonment coupled with fine Rs.200.00, with default stipulation for three months' additional rigorous imprisonment under Sec. 323/34 IPC, two years rigorous imprisonment coupled with fine Rs.500.00, with default stipulation for six months' additional rigorous imprisonment under Sec. 325/34 IPC, life imprisonment under Sec. 302/34 Penal Code and two years rigorous imprisonment under Sec. 452 IPC. All sentences were directed to run concurrently.

(2.) Heard Sri Gopal Chaturvedi, Senior counsel as amicus-curiae assisted by Sri R.C. Srivastava, learned counsel for the appellants, Sri A.N. Mulla, Sri Saghir Ahmad, Sri J.K. Upadhaya, Kumari Meena, learned AGAs, Smt. Manju Thakur, brief holder for the State and perused the record of this appeal.

(3.) Stream of event as reflected from record and unfolded by the first information report indicates that the first information report was lodged by the informant Bishambar son of Buddhu, resident of village Dugchada, Police Station Deoband, District Saharanpur, on 08.08.1988 at 11:30 a.m. regarding some incident having taken place on 07.08.1988 at 6:00 p.m. in the village Dugchada within the police circle Deoband, District Saharanpur wherein the following allegations were made that on 07.08.1988, the informant's son Balbir was cutting fodder in his field in the evening when Surajmal son of Sukkad, Sukkad son of Phullu diverted water of their field towards field of the informant by cutting elevated mud path. On being asked not to do the same, they abused and extended threat to kill Balbir. The informant's son came back home with fodder. Thereafter, a short while at 6:00 p.m., Sukkad son of Phullu, Surajmal and Promod sons of Sukkad, Dharmpal, Vedpal and Rajesh sons of Nakali, resident of village Dugchada, possessing Lathi in their hand and extending abuses, trespassed into house of the informant and began to assault Babvir who was sitting in 'Sahan', with intention to kill him. The informant and his wife Bugli tried to save him but they too were beaten. This incident was witnessed by various persons - say Mahendra son of Ballu, Jhanda son of Dula, Rulha son of Ratiya and Mahendra son of Kabool, all resident of Dugchada. Balbir was rendered unconscious on the spot. The informant took him to the hospital at Deoband where he was medically examined by the doctor but his condition being serious, he was referred to Muzaffarnagar the same night, where he was got admitted but he succumbed to his injury in the night. Since the informant was looking after his son whole night, therefore, he has come to lodge the report at the police station at this juncture. It was requested that report be lodged and appropriate action be taken. The written report is Ext. Ka-1.