ISHER DASS Vs. STATE

JUDGEMENT

(1.) THE appellants were charged for the commission of offence punishable under sections 302/34, 452/149 RPC. Upon trial they were convicted under sec. 304 Part II read with sec. 34 RPC and sentenced to undergo five years rigorous imprisonment besides paying a fine of Rs. 1000/ - each. In default of payment of fine they were directed further undergo RI for a period of 3 months each, vide the judgment impugned in this appeal.

(2.) ACCORDING to the prosecution. FIR EX.PW -SP was lodged in police station, Poonch, on 31.03.1981 against the appellant, Mst Kamlesli Rani and Mst Sudesh, by Prabh Dayal through his son Suraj Prakash. It was stated in the FIR that the complaint had cut a tree from his own land but on the morning of 31.03.1961, Isher Dass appellant went to the house of Prabh Dayal and told him that the tree, in fact, was in his land. He asked Isher Dass to bring a Patwari and in case it was found that the tree was in the land of Isher Dass, the complainant would leave it. Isher Dasa was enraged and told the complainant that he himself was Patwari of Golpur and started abusing the complainant. When asked not to abuse the Complainant, the other accused persons came on spot. Behari Makhana was carrying an axe in his hands where -as the others were armed with strokes. .They entered into the house of the complainant and starting beating him. The complainant was dragged outside the house and taken in the field where he was again beaten. On his raising hue and cry a number people from the vicinity reached on spot and rescued him from the accused. Initially a case under sec. 452 RPC was registered at Police Station, Poonch and investigation commenced. The complainant was got medically examined and when it was found that he had received internal injuries on his back and shoulders, the challan under Sections 307/34, 450, 150 and 109 R.P.C. was presented against the appellants, chanchal devi, Sudesh and Sita Devi. however, when Prabh dayal complainant died on 18.06.1981 due to the injuries received by him at the time of occurrence, supplementary challan was produced against the accused persons and they were committed to the court of session for standing their trial. Mst. Chanchal Devi, Sudesh Kumari and Sita Devi, were discharged on 7.01.1982 but the appellants were charged under Sec. 302/34 452/147 RPC as stated hereinbefore.

(3.) I have heard learned counsel for the parties and perused the record.