CHET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANTS are aggreived by the judgment dated 15.6.2002 of the learned Sessions Judge, Bilaspur, whereby they have been convicted of offence, under Sections 307 read with Section 34 IPC, and sentenced to undergo rigorous impriosnment for a period of three years and to pay a fine of Rs. 3000/ - each, in default of payment of fine to undergo rigorous imprisonment for a further period of three months.

(2.) CASE of the prosecution, as emerges from the evidence adduced during trial, may be noticed. There was a person by the name Jainda, who used to live in village Makri, Pargana Baseh, Police Station, Talai, District Bilaspur, H.P. He had no male issue. He had land and cow -shed existing on a portion of that land. PW -1 Ratti Ram, claimed that the land and the cow -shed had been bequeathed to him by Jainda and that he had been in its possession after his death. Appellant Chet Singh, claimed that he being the legal heir, and the chow -shed and after the death of said Jainda, the land and the cow -shed were in his possession. On 4.9.1994, at 3.15 p.m., PW -1 Ratti Ram went to Police Post (City), Bilaspur and lodged report that on that day at 7.30 in the morning, when he went to cow -shed, appellants Chet Singh and Pritam Singh, who were already there in the cow -shed, attacked him with a ˜Drat which was wielded by Chet Singh and an axe which was held by Pritam Singh, as a result of which he sustained various injuries and that when he raised alarm his wife PW -2 Savitri Devi and PW -3 ampal came there and on seeing them, the appellants and two other persons, who too had joined the appellants in assaulting him, took to heels. Police got injured Ratti Ram medically examined. Following six injuries were noticed on his person by PW -5 Dr. J. Goswami : - Injury No. 1.

(3.) ON completion of the investigation, police challaned the appellants and one more person, named Ramesh Chand, under Sections 307, 323 and 452 IPC. The prosecution examined Ratti Ram, his wife Savitri Devi and also PW3 Ram Pal to prove the incident. As regards the nature of injuries, prosecution examined Dr. J. Goswami. Appellants took the plea that on the fateful day, PW1 Ratti Ram and PW2 Savitri Devi wife of Ratti Ram went to the house of Chet Singh, armed with Drat and Danda and assaulted him and Pritam Singh, who happened to be present there, as a result of which Pritam Singh sustained certain injuries and in the scuffle that had ensued, Ratti Ram sustained some injuries which, according to them, were simple in nature but using the influence of sitting MLA, Ratti Ram managed to remain admitted in the hospital for more than 20 days and procured the opinion that three of the injuries were dangerous to life.