VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Sharma, J. This is an appeal against the judgment and order dated 7. 12. 1995 passed by Sri R. P. Singh, the then Sessions Judge, Tehri Garhwal in S. T. No. 41 of 1991, State v. Virendra Singh, whereby he convicted the accused-appellant of the offence under Section 395, I. P. C. and sen tenced him to undergo R. I. for a period of 7 years and to pay a fine of Rs. 2. 000/- and in default of payment of fine to suffer R. I. for a further period of 6 months.

(2.) THE prosecution case was that on 7. 1. 1991 at about 8. 15 p. m. , the first in formant Madan Singh Kundra (P. W. I), who was posted as Tehsildar, Tehri came back to Tehri after leaving Sub-Divisional Magistrate at his residence after attending the law and order duly at top Terrace with Sub-Divisional Magistrate, Tehri. He came to his residence situated at Mohalla Chanakhet, Tehri along with his peon Amichand Ramola. He noticed the presence of 5-6 boys at the gate of his house and they were hurling abuses and grap pling with each other and they appeared to be as under the influence of liquor. Sri Madan Singh Kundra asked these boys not to do so but they caught hold of him and started beating him. On the alarm being raised by Sri Madan Singh Kundra, his wife Smt. Madhu Kundra" (P. W. 2) and his daughter Manju (P. W. 7) and Mangal Singh peon came there. THE aforesaid boys gave beating to Km. Manju who became uncon scious and fell down on the ground. During this period, Amichand Ramola brought 6-7 Jawans of P. A. C. , whereupon, the ac cused-appellant Virendra Singh who had caught hold of Km. Manju, was ap prehended by Madan Sing Kundra and Jagdish Prasad, head constable of P. A. C. while the other boys managed to escape. In the occurrence, Madan Singh Kundra and his daughter Km. Manju sustained in juries. In the occurrence the culprits looted one H. M. T. wrist watch and one silver ring of Gomade from the possession of the informant Madan Singh Kundra. A written report of the occurrence was scribed by Madan Singh Kundra and lodged by him at the police station Kot-wali, Tehri. On its basis, the head constable prepared a chic report and registered a case against the accused-appellant and his unknown companions for the offence under Section 395, I. P. C.

(3.) ACCORDING to Dr. A. K. Pathak, in jury No. 1 was caused by hard blunt object such as lathi-danda and fist and was simple in nature, injuries No. 2 and 3 were caused due to the impact of injury No. 1 and injury No. 3 was grievous in nature and injury No. 4 was simple in nature and was sus tained by some hard blunt object. Accord ing to Dr. A. K. Pathak, all these injuries could have been sustained by the injured on 7. 1. 1991 at about 8. 15 p. m.