Decided on March 16,2007

Balbir Singh and Ors. Appellant
STATE OF U.P. Respondents


Dharam Veer, J. - (1.)THIS criminal appeal arises out against the judgment and order dated 27 -05 -1986 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No. 42 and 43 of 1985, State v. Balbir Singh and three Ors. convicting the accused/Appellants under Sections 452, 324, 325 read with Section 34 of the Indian Penal Code (hereinafter referred as 'I.P.C.') and sentencing each of them to one year rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to further undergo three months rigorous imprisonment for the offence under Section 452 I.P.C. one year's rigorous imprisonment for the offence under Section 324/34 I.P.C. and two years rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to further undergo three months rigorous imprisonment for the offence under Section 325/34 I.P.C. All the sentences were to run concurrently.
(2.)BRIEF facts of the prosecution case are that on 06 -06 -1985 at about 2 p.m. Balbir Singh, Jawahar Singh and Khushal Singh S/o Shiv Singh and Surender Singh S/o Sri Awtar Singh R/o Village Toli, P.S. Laxman Jhula entered the residential house of Sri Chandan Singh in their village Toli and caused hurt to Chandan Singh and his wife Darshani Devi and committed the offence punishable under 452 of I.P.C. They were further charged under Section 307 read with Section 34 of I.P.C. for causing injuries to Chandan Singh and Darshani Devi with common their intention to commit their murder, armed with Khunkhari and Lathis.
The written report, Ext. Ka.1 of the said incident was lodged by Sri Surendra Singh S/o Sri Chandan Singh at P.S. Laxman Jhula on 06 -06 -1985 at about 05 -15 p.m. The distance of police station from the place of occurrence is 15 kms. On the basis of written report, chick F.I.R. Ext. Ka. 4 was drawn at the police station and the police registered the case against the accused persons at report No. 34 at 5.15 P.M. on 6 -6 -85, the copy of which is Ext. Ka.5. According to the allegations of the written report filed by Surendra Singh, his father Chandan Singh resides in village Toli as Gharjawain for about 25 years because the informant's mother Darshani Devi inherited one half part of the property from her father Shyam Singh. The remaining one half share in the property of Shyam Singh in the village Toli was inherited by his nephew Balbir Singh (accused). On 06 -06 -1985, Balbir Singh tied his Jhota (buffaloes) in front of informant's Gaushala and the animal broke free and caused damage to the walls and door leaves of the Gaushala, and also injuries to goat. On this, Chandan Singh quarreled with Balbir Singh. Thereupon all the four accused entered in the residential room of Chandan Singh armed with Khunkhari and Lathis. Accused Balbir Singh grabbed Darshani Devi by neck and Jawahar Singh assaulted her with Khunkhari on the head with intent to kill. Khushal Singh grabbed Chandan Singh and Surendra Singh beat him with lathis, kick and fists. The villagers intervened in the matter and rescued Chandan Singh and his wife. The informant Surendra Singh came to know about the incident from his father in the school, where he was employed. Thereafter, he took his parents to police station and then at Government Dispensary, Laxman Jhula.

(3.)SRI R.R Kannaujia (P.W.6) was entrusted the investigation of the case. He recorded the statements of Chandan Singh and Darshani Devi. On 07 -06 -1985, the I.O. reached at village Toli and prepared the site plans of the places of occurrence i.e. Gaushala and residential house, Ex Ka 7 and Ex Ka 8 respectively. Samples of plain and blood -stained earth were taken and sealed in bundles. He also prepared the recovery memo, Ext.Ka.9. On the same day, he interrogated the eyewitnesses of the occurrence. The accused persons, except Surendra Singh, were arrested on 08 -06 -1985 and the fourth accused Surendra Singh surrendered himself in the court on 17 -07 -1985. The Investigating Officer, after completion of the investigation, submitted the charge sheet, Ext.Ka.12 against the accused Balbir Singh, Jawahar Singh and Khushal Singh on 25 -6 -85. Charge sheet, Ext. Ka.13 was submitted against the accused Surendra Singh on 5 -8 -1985 by the Investigating Officer.

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