JAGDISH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21/03/1983 passed by Sri Gangu Ram, the then Xth Additional Sessions Judge, Agra in Sessions Trial No. 48 of 1981 whereby he convicted each of the accused-appellants for the offence under Sections 307/34, I.P.C. and sentenced each of them to undergo rigorous imprisonment for a period of three and half years and to pay a fine of Rs. 1000.00 each and in default of payment of fine, to suffer rigorous imprisonment for a further period of one month.

(2.) The prosecution story was that on 11-4-1979 at about 10.00 p.m. that when Damodar Prasad, the injured was returning from the Pyau of Heera Lal after realising the rent from the tenants of the shop to his house and reached near the Loothra Factory, the accused-appellants, Jagdish, Ram Prakash and Mahesh came there, that accused-appellant Jagdish was armed with a Pharsa accused-appellant Ram Prakash was empty handed while the accused-appellant Mahesh was armed with a knife, that he raised an alarm due to fear, that accused-appellant Ram Prakash had grappled him and felled him on the ground, whereupon accused-appellant Jagdish assaulted at his neck with his Pharsa while accused-appellant Mahesh gave him a knife blow on his ilac region due to which he was injured, that on hearing alarm, his father Sardar Singh and witnesses Pratap Chhotu and Ramji Lal came there and that at the time of occurrence, there was full moon light, being the Purnima, present and thereafter the accused-appellant ran away from the spot. Sardar Singh, the informant, took the injured to the hospital where he was medically examined by Dr. S.P. Misra (PW. 4) on 12-4-1979 at 3.00 a .m. He found the following injuries on his person :-

(3.) All the injuries were simple in nature except injury No. 2 which was kept under observation and X-ray was advised. In the opinion of the doctor abrasions were caused by friction; contusion was caused by hard blunt object whereas the incised wounds were caused by sharp cutting edged object. The duration of the injuries fresh. No X-ray was made and also there is no supplementary report.