SUKHBIR Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. The present appeal has been preferred by appellants, namely, Sukhbir, Jagdish, Shri Pal and Virendra against the judgment and order dated 9-12-1980 passed by Sri K. K. Birla, the then 1st Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 16 of 1979 (State v. Sukhbir and others), whereby ap pellants Sukhbir and Jagdish have been convicted and sentenced to undergo one year R. I. and six months' R. I. under Sec tion 332, read with Section 34, I. P. C. and auction 225, I. P. C. respectively. Further appellants Shri Pal and Virendra have been convicted under Section 224, I. P. C. and sentenced each or them to imprison ment till the rising of the Court.

(2.) IN brief the case of the prosecution is that on 11-2-1980 one Jagannath Prasad lodged a report at police station Khandala, district Muzaffarnagar against accused Shri Pal and Virendra under Sections 452. 323 and 426, I. P. C. . The investigation of the case was entrusted to Sri Ved Pal Singh, S. I. (P. W. 1 ). On 12-2-1978 as well at about 1. 00p. m. S. I. Ved Pal Singh along with two other constables went to the house of ac cused Shri Pal and Virendra and arrested the accused persons. While he was taking both the accused persons to the police station, accused Sukhbir and Jagdish came along with Lathi and abused to S. I. Ved Pal Singh. They assaulted both the constables and got both the accused persons released. When the complainant wanted to inter fere, Mahabir, Satya Pal, Jai Pal, Sukhbir and others started Marpeet. Shri Pal and Virendra were asked to run away and they ran away but accused Sukhbir and Jagdish were arrested. The case under Sections 333/224/225, I. P. C. was registered against the accused persons, namely, Sukhbir and Jagdish. S. I. Ved Pal Singh and other two constables were medically examined on 12-2-1978. S. I. Ved Pal Singh has got 6 injuries and one liner abrasion. Constable Sri Ram has got 6 injuries and one abrasion. Constable Raj Singh has got 6 injuries and one abrasion. Accused Sukhbir and Jagdish had also suffered in juries and had got 8 and 6 injuries respec tively on their person. After evidence, the learned Sessions Judge convicted and sen tenced the appellants as said above, hence the instant appeal.