KUNDAN SINGH Vs. STATE

JUDGEMENT

(1.) Kundan Singh and Kinna alias Laxman Singh have preferred this appeal against the judgement and order dated 23-6-1983 passed by the Sessions Judge, Pithoragarh, in Sessions Trial No. 22 of 1981, by which Kundan Singh has been convicted under Section 307 read with Section 149, I.P.C. 147, 332 read with Section 149 and 224, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years, two years, three years and two years respectively, while appellant Kinna has been convicted under Sections 307, 148, 332 and 225, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years, three years, two years and two years respectively. The sentences have been made to run concurrently.

(2.) The case of the prosecution, in brief, has been that Tendra Pal Singh and Deo Ram, constables of police station Kotwali, Pithoragraph, were on patrol duty at about 9 p.m. on 15-3-1981, when they found Kundan Singh, appellant, in a drunken state in front of Bhotia Hotel. On being questioned, the appellant started abusing the police constables. They, therefore, apprehended him and wanted to take him to the police station. Kundan Singh started making noise, whereupon several persons, namely, Kinna, Bir Singh, Diwan Singh, Mahendra Singh, Chandra Singh, Jagdish Singh came there and surrounded the aforesaid two constables and obstructed them in taking Kundan Singh to the police station. It was alleged that the aforesaid persons started beating the constables with fists and kicks and Kinna appellant wielded a knife blow on the neck of constable Tendra Pal Singh, but it hit at his cheek. It was also alleged that the assailants pushed Tendra Pal Singh below a stair towards Subhash Chowk on seeing another police party and then ran away. It was also alleged that a purse containing Rs. 61/-, keys a personal letter and the coat of Tendra Pal Singh constable had also been taken away by these assailants.

(3.) Tendra Pal Singh lodged a first information report on 15th of March, 1981 at 9.45 p.m. at the police station Kotwali. The injuries of the Tendra Pal Singh constable were examined by Dr. Chandra Singh Hayoki at 10 p.m. on the same day in the district Hospital, Pithoragraph.