ISHWAR CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above named appellant have preferred this appeal against the judgment dated 13.4.78 passed by Shri Vikram Singh, Sessions Judge, Saharanpur convicting both the appellants under section 302 I.P.C as well as section 307 I.P.C. both read with section 34 I.P.C. and sentencing them to life imprisonment and ten years R.I. respectively for the offence Both the sentences have been ordered to run concurrently.

(2.) Jai Prakash (P.W. 1) Om Prakash (P.W. 2) Sunder (P.W. 3) and Ghanshyam (deceased) were all real brothers and were residents of Mohalla Chowk Kaharan P.S. Kotwali district Saharanpur. It is alleged that on 7.8.77 at about 10.15 a.m. in Mohalla Kaharan P.S. a mar pit had taken place wherein both Ghanshyam (deceased) and Sunder (P W. 3) had received injuries. A report about which was lodged by am Prakash (P W. 2) at t 1.00 a.m. wherein both these appellants Ishwar Chand and Toni as well as Babboo, Vishnu and Manga were named. Vishnu was apprehended in the evening by the police on the same day. On 7.8.1977 at about 10 p.m. Jai Prakash (P.W. 1) had gone to take milk for the injured Ghanshyam and Sunder at some distance from the house when Door the shop of one Radha Kishan, both these appellants Ishwar Chand and Toni along with Babboo and Ram Kishan armed with knives came out behind the shop of Radha Krishan and challenged that in the morning he had lodged report in the Kotwali against them and got Vishnu apprehended and that they would teach him a lesson. Thereafter they attacked him with knives. On hearing his cries Ghanshyam his brother Om Prakash and Sunder also rushed to the place of occurrence. Ghanshyam intervened with the result that he was also attacked and received injuries with knife and then the accused made good their escape.

(3.) A first information report of the occurrence was lodged immediately thereafter at 11 a.m. by Om Prakash (P.W. 2) under section 307 I.P.C. on the basis of which a case was registered. Ghanshyam was taken by his brother Sunder (P.W. 3) to the hospital. Jai Prakash (P.W. 1) was also sent there from the police station.