PATAN ALIAS PATAN DIN Vs. STATE

JUDGEMENT

(1.) KHENI Karan, J. Appellants Patan alias Patan Din, Duber alias Dubare alias Shyam Bahadur, have been convicted and sentenced for three years R. I. under Sec tion 326/34, I. P. C. , one year's R. I. under Section 324/34, I. P. C. , three months R. I. under Section 323/34, I. P. C. by the learned VI Additional Sessions Judge, Gonda in Session'trial No. 46of 1981.

(2.) IT was alleged by the prosecution. That on 24-1-1978 at about 11. 00 in the day, Ram Piyare (deceased) was digging a pit so as to plant a mango tree, in his Khalihan and his father Santey was sitting under a near by tree. The appellants accompanied by Smt. Kalla and Sim. Raghuraji reached there, armed with Ballam, Lathis and ob jected to the digging of pit saying that the land belonged to them. A verbal alterca tion took place between the accused San-tey and his son Ram Piyare. IT is said that Patan started giving Ballam blows to Santey and when his son Ram Piyare came to his rescue to him as well and the rest of the accused also started beating Santey and Ram Piyare. On the alarm raised by the victims Jagdish and Ram Sahai rushed to save them but the accused also assaulted them with Lathis. In this Marpeet, Sanley his son Ram Piyare, Jagdish and Ram Sahai received injuries at the hands of the four accused. First Information Report was lodged by Ram Piyare, with Police Station Mankapur at 4. 30 p. m. All the victims were sent for medical examination and treatment. Dr. K. P. Dubey, the then Medical Officer of District Hospital, Gonda, found one incised wound and one lacerated wound on the person of Ram Piyare. four injuries on the person of San tey, nine injuries on the person of Jagdish and five injuries on the person of Ram Sahai. Injury No. 3 of Santey was reported to be an incised wound and the rest were either lacerated wounds or contusions or abrasions. Injuries of Jagdish were con tusions and abrasions and so the injuries of Ram Sahai. Ram Piyare became serious and ultimately he succumbed to the injuries, on 30-1-1978 in the Hospital itself. After the necessary investigation, police submitted the charge-sheet and the learned Magistrate committed the case of all the four accused to the Court of Sessions.

(3.) LEARNED Sessions Judge believed the prosecution evidence insofar as the appellants were concerned so he con victed them as aforesaid. He however, gave benefit of doubt to Smt. Kalla and Smt. Raghuraji and acquitted them of the charge frame against them.