KAMLESH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against impugned judgment and order of conviction dated 30.09.1982 passed by Vth Additional Sessions Judge, Hamirpur in Sessions Trial No. 222 of 1979, under Section 307 I.P.C., P.S. Jalalpur, District Hamirpur convicting the accused appellant u/s 307 I.P.C. and sentencing him with rigorous imprisonment of four years and with fine of Rs. 1,000/-.

(2.) The brief facts relating to the case are that on 13.11978 at about 3:30 p.m. Kishori Sharan lodged a F.I.R. at P.S. Jalalpur District Hamirpur with the allegations that "today at about 12:00 hours in noon his cousin brother Ram Ragubir was taking bath in Burma river when Ram Milan, Raja and Kamlesh armed with lathi and Farsa reached there and on account of old enmity, upon exhortation by Ram Milan, Kamlesh gave a Farsa blow on the head of Ram Ragubir who fell on the ground due to sustaining the injuries of Farsa; that, incident was seen by Ram Dulare, Rampal and Bhola of his village who were also taking bath in the river."

(3.) Upon investigation charge-sheet was submitted only against accused-appellant Kamlesh under Section 307 I.P.C. and after framing charges against the appellant the prosecution in order to prove its case produced Dr. P.N. Singh as PW-1, eye-witness Ram Dulare as PW-2, constable Hori Lal a formal witness as PW-3, injured Ram Ragubir as PW-4, first informant Kishori Sharan as PW-5 and Investigating Officer Jagdish Singh as PW-6. After completion of prosecution evidence, the statement of accused was recorded under Section 313 Cr.P.C. and after hearing the arguments the trial court passed the impugned order holding the accused-appellant guilty for attempting on the life of Ram Raghubir and convicted him under Section 307 I.P.C. and sentenced with rigorous imprisonment for period of 4 years and fine of Rs. 1000/-. Feeling aggrieved the sole accused-appellant has preferred this appeal.