MADHUSUDAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Madhusudan against the order and judgment dated 27-8-1975 of Sessions Judge, Tehri Garhwal, in Sessions Trial No. 30 of 1969 (Ld), convicting him under section 326 IPC and 324 IPC and sentencing him to four years' rigorous imprisonment and two years' rigorous imprisonment respectively on each count. Both the sentences have been made to run concurrently.

(2.) THE prosecution story briefly stated is as follows: Lakhi Ram (PW 2), injured and informant, had gone on 2-10-1968 to see Ram Leela which was held at Kotdwara district Garhwal. He himself is a resident of Tehri. His another friend Bhola Singh PW 1 (injured), resident of Tehri, too had gone to see Ram Leela. Manohari Lal PW 4 who was also resident of Tehri, too was at the Ram Leela ground. He was resident of Tehri but had his work-shop at Kotdwara. At about 1 a.m. Lakhi Ram found that a boy named Santosh was being beaten by several students including Madhusudan appellant. THE assailants were unarmed at that time. He and Mohan Singh intervened and asked those boys as to why so many of them were beating a boy who was alone. At this the appellant abused Mohan Singh hurling dirty abuses and said that they would cut him to pieces and throw his body in the canal. Bhola Singh (PW 1), who too was there, asked them not to speak in that tone. THE appellant then atonce caught hold of Bhola Singh by the neck. Lakhi Ram (PW 2) intervened to save Bhola Singh. THE appellant then struck Lakhi Ram with fists as a result of which he fell down. THE appellant then atonce, took out a Khukhri (big knife) and struck Bhola Singh on his waist. When Lakhi Ram rushed in support of Bhola Singh, he fell down and then the appellant gave a blow with that knife to Lakhi Ram as well on his hip. THE appellant then ran away. Manohari Lal had chased him but he could not be apprehended. One Ravindra Singh too was present along with the boys at that time. Jagmohan Singh Rawat also saw the entire occurrence. THEse persons, however, have not been examined. Lakhi Ram and Bhola Singh both were atonce removed to the Government Male Hospital, Kotdwara, where their injuries were examined by Dr. Kishori Gupta PW 5, at 1. 40 a. m, and 1. 50 a. m. THEy were taken to the hospital by Manohari LaL THE doctor found the following injury on the person of Lakhi Ram :- Incised wound 3" x 2" x 4" cutting the femur bone through and through left side at the level of junction of upper 1/3 and lower 2/3 outer side of left thigh. THE injury was fresh and was caused by some sharp weapon It was grievous and X-ray of left thigh was advised. THE injury report is Ex. Ka-2. THE doctor found the following injuries on the person of Bhola Singh :- 1.Incised wound horizontal 2" x 1/4" x 1/4" over back lower portion. 2.Incised wound horizontal 1-1/2" x 1/4" over back lower portion. Both the injuries were fresh and caused by some sharp weapon and they were grievous.

(3.) THE appellant Madhusudan was duly tried, after having been committed to the court of sessions. He denied tie prosecution allegations and stated that he was not even present at the time of occurrence and at that time he was at Dehradun where he was studying. He examined Prem Dutt Sharma (DW 1) in support of this plea of alibi.