PAPPU @ MEWA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against judgement and order dated 20.5.2005, passed by IInd Addl. District and Sessions Judge, Pilibhit in Session Trial No. 277 of 2003 (State of U.P. Vs. Pappu @ Mewa Ram and others), u/s 307, 324, 504, 506 I.P.C., arising out of Case Crime No. 303 of 2002, P.S.- Gajraula, Distt.- Pilibhit whereby the accused appellant- Pappu @ Mewa Ram (hereinafter referred as appellant) has been convicted u/s 307 I.P.C. and has been sentenced for rigorous punishment of two years and fine of Rs. 500/- and in case of default in payment of fine with an additional period of simple imprisonment of one month. He has been acquitted from the offence u/s 324/34, 504, 506 I.P.C. whereas the co-accused Govind Ram was acquitted from offence u/s 307/34, 324/34, 504, 506 I.P.C.

(2.) Briefly stated the facts of this case are that Bhojraj (P.W. 1), appellant- Pappu and other co-accused Govind Ram are resident of Village- Ajitpur Patpara, P.S. Gajraula, District- Pilibhit. They are real brothers but living separately. On 1.8.2002 when Bhojraj (P.W. 1) reached at his house from his field, he saw that somebody had dug a drain in his occupied land. On query his brother's wife told him that appellant- Pappu had dug that drain. At about 8:00 p.m. when he complained to Pappu in the presence of other co-accused Govind Ram, both the appellant- Pappu and other co-accused Govind Ram hurled abuses and when he objected, the appellant- Pappu with banka and co-accused Govind Ram with spade attacked on him. On alarm raised by him, his wife Bhup Devi (P.W. 2), Ram Dulare (P.W. 3), Bihari Lal (P.W. 4) and so many people reached there whereupon the appellant and co-accused fled away.

(3.) F.I.R. (Ex.Ka 1) was lodged at P.S.- Gajraula, Distt. Pilibhit on 1.8.2002 at 22:30 p.m., on the information given by Bhojraj (P.W. 1). He was sent to district hospital, Pilibhit by police for medical examination. Dr. M.L. Sharma (P.W. 5) examined him on 2.8.2002 at 2:10 a.m. and found following injuries:-