J.C.S. Rawat, J. - (1.)This appeal preferred under Sec. 374(2) of Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C), is directed against the judgment and order dated 28 -01 -1991, passed by learned Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 411 of 1985, whereby the Appellants have been convicted & sentenced to undergo imprisonment for life and seven years' R.I. under Sec. 302 Indian Penal Code, 1860 (hereinafter as I.P.C.) and under Sec. 307/34 I.P.C. respectively.
(2.)The prosecution story, in brief, is that an F.I.R. Ex. Ka.1 was lodged by the complainant Satish Kumar PW1 at police station Rampur alleging therein that on 26 -03 -1985, Janeshwar Singh, brother of the complainant Satish Kumar and Raj Singh were going on their buggi to take grass from the field and as soon as they reached near the field of Mela Ram of their village, accused -Appellants Pooran, Sahu, Jyoti and Dharmraj of their village intercepted and stopped the buggi and told Janeshwar Singh and Raj Singh that both of you have always been preventing us from collecting grass from the field as such, we would teach you lesson today. The accused -Appellants were armed with Kharpali, lathi and axe. They assaulted Raj Singh and Janeshwar Singh. Both of them received grievous injuries on their persons. In the meantime, Tahar Singh PW3 and Nakkal Singh who were going towards their fields behind the injured also reached there. Both Tahar Singh PW3 and Nakkal Singh rescued Raj Singh and janeshwar Singh. Thereafter, complainant Satish Kumar PW1 took both the injured Raj Singh and Janeshwar Singh to Police Station Rampur wherein the complainant Satish Kumar lodged the written report Ex. Ka.1. On the basis of the report, the Head Moharrir registered the case under Sec. 323/324 I.P.C. against the accused -Appellants. Thereafter both the injured were sent to P.H.C. Rampur for the medical examination. As the condition of Raj Singh was deteriorating, so he was referred to District Hospital Saharanpur. Raj Singh succumbed to his injuries later on. After the death of Raj Singh, the Head Moharrir registered the case under Sec. 302/323/324 against the accused Appellants.
(3.)S.I. Gurdeep Singh PW6 investigated the matter and visited the place of occurrence. He proved the chick FIR Ex.ka.5, copy of the G.D. Ex. Ka.6 & 7, site plan Ex. Ka.9 etc. He prepared panchayatnama Ex. Ka.8 of the dead body of the deceased Raj Singh. Thereafter, he sent the dead body for postmortem at District Hospital Saharanpur on 27 -03 -1985. The Investigating Officer after completing the necessary formalities of the investigation submitted the chargesheet Ex. Ka.12 before the court.
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