SUKHRAM AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal was preferred by nine appellants against judgment and order dated 25.6.1981 passed by VIIth Additional Sessions Judge, Etah, in Session Trial No.450 of 1980 whereby they have been convicted and sentenced to one year R.I. under Section 147 I.P.C. and four years R.I. under Section 307/149 I.P.C. All the sentences were directed to run concurrently.

(2.) HEARD Sri Jai Narain, counsel for appellants and learned A.G.A. for the State.

(3.) THE complainant Bishan Lal lodged first information report at Police Station Kasganj with the allegations that on 4.5.1978 at about 6:00 p.m., accused Sukh Ram, Shanker Lal, Nek Ram, Devi, Bhagwan Das, Pratap, Natthu, Talewar and Durg Pal having Lathis and Dandas came to his house. At that time, his son Chandra Pal was sitting on the 'Nali' in front of his house. The accused abused his son which was objected by his son on which, all the accused started to beat his son with Lathis. On hearing alarm, Thakur Das, Shyam Lal, Ramji Lal and others reached the place of occurrence and saved his son otherwise the accused would have killed him At the same time, Durg Pal brother of complainant was also returning to his house from Kasganj and when he reached near the village, all the accused beat him. Chandra Pal broke the chain of his wrist watch during Marpit and it fell down somewhere. On this information, Clerk constable Balbir Singh scribed chik report Ext. Ka-5 and also made an entry in G.D. Copy of which is Ext. Ka. 6. Sri N.D. Pachauri PW-7 was posted as S.I. in May, 1978 at Police Station Kasganj. The case was registered at Police Station Kasganj in his presence. He started investigation on 8.5.1978. On account of assembly election of Soron on 7.5.1978, he could not commence the investigation earlier. He prepared the site plan and also proved it. This is Ext.Ka-9. Thereafter, he recorded statements of witnesses. He also obtained medical reports of Chandra Pal and Durg Pal. On 22.5.1978, the case was converted under Sections 147, 148, 307 I.P.C. He recorded statement of Chandra Pal on 25.5.1978. After completing investigation, he submitted charge sheet against the accused. This is Ext. Ka-10. Clerk Constable Balbir Singh also proved copy of G.D. Ext. Ka-7. The entry was made in G.D. report no.33 on 22.5.1978 at 18:30 Hours under Section 307 read with Section 149 I.P.C. by S.I. Sri N.D. Pachauri.