Decided on January 03,2013

MADAN PAL Appellant


- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 17.07.2001, passed by learned Sessions Judge, Haridwar, in Sessions Trial No. 304 of 1995, whereby said court has convicted accused/appellants Madan Pal, Bijendra Pal and Parasram under Section 324 read with Section 34 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of one year. The trial court has convicted accused/appellant No.2 Dharmu under Section 324 of I.P.C., and he too has been sentenced to rigorous imprisonment for a period of one year.
(2.) Heard learned Amicus Curiae for the appellants and learned Deputy Advocate General for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 18.05.1994, at about noon, PW2 Sanjay along with his father Dayaram, grandfather Gainda and uncle Rajpal (PW1) was working in the sugarcane field in Village Kalasiya. When accused/appellants Madan Pal, Dharmu, Bijendra Pal and Parasram armed with LATHI and DANDA came there and used foul language against PW2 Sanjay and his father and grandfather. When PW2 Sanjay and his uncle Rajpal (PW1) asked the accused to desist from using foul language, the accused/appellant Dharmu picked up a spade (FAWRA) and gave an assault on the leg of PW2 Sanjay. The other accused also assaulted with DANDA to Rajpal and Sanjay. The incident was orally reported at the Police Outpost Governdhanpur (within the limits of Police Station Manglore, Tehsil Roorkee), on the very day (18.05.1994) at about 19.30 hours. On the basis of said oral report given by PW1 Rajpal, a Non Cognizable Report (for short N.C.R.) (Ex.A1) was prepared by the Police at the Police Outpost. Thereafter, PW2 Sanjay got himself medically examined, on the next day i.e. 19.05.1994, at about 8.20 P.M. in the District Board Hospital of Raisi. PW4 Dr. Sitab Singh examined the injuries and prepared injury report (Ex.A5). When said report was produced before the Police, it appears that Section 324 was added in the N.C.R. and the crime was investigated by Sub-Inspector Gulfam Singh, who after completion of investigation, submitted charge sheet (Ex.A4) against all the four accused namely Madan Pal, Dharmu, Vijendra Pal and Parasram for their trial in respect of offences punishable under Section 323, 324 and 504 of I.P.C.;

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