SURENDRA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Surendra Singh was prosecuted for an offence under section 307 and 332 IPC and other appellants were prosecuted for an offence under section 307 read with section 34 and 332 IPC. The trial Court convicted appellant Surendra Singh and remaining appellants for an offence under section 332 IPC and remaining appellants for an offence under section 353 IPC.

(2.) ACCORDING to prosecution on 4.8.1991 head constable Ram Kishan (PW 9) alongwith constable Sunil Kumar (PW 10) and Ramesh Kumar (PW 13) had gone for investigation in Crime No. 95/91 for an offence under section 341, 506B/34 IPC. While searching the accused they reached bus stand of Myana. At the bus stand they met Hariom, Mahendra Surendra, Shyam and Ramswaroop. Constable Ramesh arrested Hariom and Surendra. Surendra with an intention to cause death has stabbed Ramesh on the right side of his chest. Head constable Ram Kishan caught Hariom, then Hariom assaulted him on the underarm of the right hand by stabbing a knife. Mahendra, Shyam and Ramswaroop have beaten Ramesh and they have taken away Hariom and Surendra from the custody of police officer. FIR was lodged by constable Ramesh Kumar at police station Myana.

(3.) PW 13 Ramesh has deposed that when he was returning from village Myana towards police station then Surendra, Mahendra, Hariom, Shyam and Ramu were found near the house of Ram Bharosi Sahu. He caught Surendra and Mahendra as they were accused in Crime No. 95/91. Hariom was also an accused in the case. He has deposed that Surendra has assaulted him with a knife on the right side of chest. Head Constable Ram Kishan Constable Sunil Kumar had caught Hariom, then Hariom Stabbed Ram Kishan, on the right side of chest. Surendra and Mahendra were taken away from his custody. Thereafter Mahendra, Surendra, Ramu and Shyam had beaten him with Kicks and fists.