GOPALI SINGH Vs. STATE

JUDGEMENT

(1.) J. C. S. Rawat, J. This is a criminal appeal against the judgment and order dated 5. 7. 1990 passed by the then 4th Additional Sessions Judge, Nainital in S. T. No. 271 of 1989, whereby both the appel lants were convicted and sentenced to undergo R. I. for seven years under section 304, I. P. C. read with 34, I. P. C.

(2.) THE facts, in nutshell, are that on 21. 8. 1988 at about 2 p. m. Smt. Krishna Devi (deceased) was removing soil which had fallen down from wall nearby her house situated in Mohalla Niwadmandi, P. S. Jaspur. Appellants Gopali Singh and Prem Singh objected her to remove the soil. On this, a scuffle took place between the parties. Accused Gopali Singh and Prem Singh beat her with a wooden stick (Danda) due to which Krishna Devi had sustained in juries on her person. When her brother Pritam Singh tried to intervene in the melee he was also beaten by the accused persons. In the meantime, Banwari P. W. 5, the father of the deceased and other witnesses reached at the spot at the time of incident and they saw the incident. THE witnesses intervened in the melee and tried to save the injured persons from the assaults of ac cused persons. THEreafter, the report was lodged at the police station on the date of incident of a non-cognizable offence. In jured persons were taken to the hospital for medical treatment. THE medical examina tion of Smt. Krishna Devi and Pritam Singh F. W. 4 was conducted by Dr. G. S. Joshi at about 4. 10 and 4. 25 p. m. respectively on the date of incident. Smt. Krishna Devi was referred to for X- ray and after conducting X-ray a supplementary report was submit ted in which one injury was found grievous in nature. On 23. 8. 1988 at about 11. 50 p. m. Smt. Krishna Devi succumbed to her inju ries in the civil hospital, Jaspur. THEreafter, the police converted the case under section 304, I. P. C. on 24. 8. 1988. THE matter was investigated by the police and after com pletion of the investigation the charge-sheet was submitted before the Court concerned.

(3.) THE accused persons were ex amined under section 313, Cr. P. C. and they have pleaded not guilty to the offence. THEy have stated that they have been falsely implicated in this case due to the enmity with the complainant, Appellant-Gopali Singh has further stated that the complainant party set fire his house and caused injuries on Maya Devi, Har Devi and Prem Singh.