KRIPAL KIRPA RAM Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal preferred by Sri Kripal alias Kripa Ram and Shyam Behari arises out of Sessions trial No. 395 of 1977 impugning the Judgment and order passed by Sri Ram Swarup, IV AddI. Sessions Judge, Etawah dated 5.5.1979 thereby convicting the appellant Shyam Behari under Section 308/34 I.P.C. and sentencing him to two years R.I. and further convicting the appellant Shree Kripal alias Kripa Ram under Section 308 I.P.C. and sentencing him to two years R.I.

(2.) The prosecution case as disclosed in the First Information Report is that on the day of occurrence i.e. on 4-4-1976 at about 9 A.M. when Daya Ram was sitting in front of his door and his son Lal Behari was drawing water from the well nearby, appellant Shree Kripal, who was armed with Lathi and Shyam Behari who was armed with an axe, descended at the place and began to assault Lal Behari - with the result that Lal Behari received a number of injuries on his person. On the cries raised by the complainant, witnesses were attracted to the scene of occurrence and on their intervention, the accused persons fled from the scene of occurrence.

(3.) After the occurrence, injured Lal Behari was removed to Police Station Oraiya by Daya Ram where Daya Ram lodged his written report of the occurrence at 1.30 P.M. The head constable prepared a chik report on the basis of the aforesaid written report. He also registered a case under section 308, I.P.C. in the General Diary of the police Station against the appellants. Thereafter the injured was sent to Primary Health Centre Oraiya, where his injuries were examined at 2 P.M.