Decided on August 13,2013

Ram Prasad Alias Laturi Appellant


- (1.) Pw1 Lalman lodged an FIR against Ram Prasad, s/o Nanhe on 17.08.1998, at 12:15 P.M., in police station Kitcha, District Udham Singh Nagar, which was registered as case crime no. 378 of 1998 under Sections 308, 506 of IPC. The incident allegedly took place in the intervening night of 16/17.08.1998. The distance between the place of incident and the police station concerned was 14 Km. and, hence, there appears to be no delay in lodging the FIR. After the investigation, a charge-sheet was submitted against the accused Ram Prasad alias Laturi for the selfsame offences. The case was committed to the Court of Sessions for trial. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 308, 506 Part II of IPC was framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) Pw1 Lalman, PW2 Mewa Ram, PW3 Bandhu Ram, PW4 Om Prakash, PW5 Dr. P.S. Quarabi and PW6 S.I. Mahesh Chandra Mishra were examined on behalf of the prosecution. CW1 Dr. P.D. Pandey was examined as Court-Witness. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. Accused also said that an altercation took place with PW1 and he was falsely implicated due to enmity with PW1. It was also stated that Mewa Ram consumed liquor and sustained selfinflicted injuries. No evidence in defence was adduced. After considering the evidence on record, learned Sessions Judge, Udham Singh Nagar exonerated the accused of the charge framed under Section 506 Part II of IPC, but convicted him for the offence punishable under Section 308 of IPC. He was directed to undergo rigorous imprisonment for four years, vide impugned judgment and order dated 16.05.2002. Aggrieved against the impugned judgment and order, present criminal appeal was preferred by the convict.
(3.) Prosecution led the evidence through PW2 Mewa Ram, who said that about two and a half years ago (from the date of deposition) at around 12 o'clock in the night, when he was lying on his bed at his residence, he heard the noise emanating from outside. PW2 alongwith his son PW1 went out of the house only to see that accused Ram Prasad was assaulting Bhim Sen. When PW2 intervened, accused caught hold of PW2. His children got him released from the clutches of the accused. Accused threatened PW2 with dire consequences. PW2 alongwith PW1 were about to go to Gram Pradhan to make a complaint about the conduct of the accused. When PW1 and PW2 went to the shop of Bandhu Ram on way to the house of Gram Pradhan, accused inflicted blows of sticks on PW2. PW2's limb was fractured. He also sustained injuries on his legs. PW2 became unconscious and was taken to hospital. PW2 regained consciousness in the morning. Bandhu Ram, Bhim Sen and Om Prakash saved PW2. When PW2 was beaten, it was raining. The accused was seen in the electric light.;

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