- (1.) THIS appeal, preferred" under sec tion 374 (2) of Code of Criminal Proce dure, 1973, (hereinafter, for brevity re ferred as Cr. P. C.), is directed against the judgment and order dated 24-04-1987, passed in Sessions Trial No. 117 of 1986, by learned I Additional Sessions Judge, Nainital, whereby appellants are convicted under section 307 read with Section 34 of the Indian Penal Code, 1860, (hereinafter, for brevity referral as I. P. C.) and each one of them is sen tenced to undergo rigorous imprison ment of seven years and to pay fine of Rs. 5000/-, in default of payment of which, the defaulter is directed to un dergo simple imprisonment for a period of six months.
(2.) I heard learned counsel for the parties and perused the record. Prosecution story, in brief, is that on 19-12-1985, PW 1 Head constable Ram Datt Joshi alongwith PW2 Head constable Mahendra Singh, PW3 Head constable Chandan Singh and three con stables were on patrol duty within the limits of out post of Banbhoolpura, Haldwani. At about 5. 30 p. m. , when they were to reach line No. 17 in Banbhoolpura, PW2 Head constable Mahendra Singh complained of his up set stomach and went back to the out post to ease himself out. He was told to meet the patrol party on his return Near Lal School. Thereafter at about 6. 30 p. m. , the police party heard noise from the side of line No. 15 and 16. On this they proceeded to that side and saw that some six persons beating Head constable Mahendra Singh. They flashed torches at the miscreants who thereaf ter fled to ward Naibasti. The four of the six miscreants were recognized by the police men on patrol duty. The four are the appellants, namely, Sajid, Ilias, Nayeem and isharat. The police party took their injured colleague Head con stable Mahendra Singh to Civil Hospi tal, Haldwani and lodged first informa tion report (Ext. A3) at 19. 40 hours. On medical examination of Head constable Mahendra Singh, PW 4 Dr. J. S. Pangti recorded on 19-12-1985 at 7. 10 p. m. fol lowing injuries on person of the injured: 1. Lacerated wound 3 cm x 1a cm x muscle deep over left eye brow outside. Bleeding from wound present. 2. Lacerated wound 3 cm x V4 cm x muscle deep over left forehead 3 cm above the left eye brow. Bleeding from wound was present. 3. Lacerated wound 2 cm x 1 cm with traumatic swelling in an area of 5 cm x 3 cm. on the left side of face in zeugmatic area. Bleeding from wound was present. Lacerated wound 3 cm x cm x scalp deep on the left side of forehead 6 cm over left eye brow. Bleeding present.
(3.) LACERATED wound 1 cm x cm inner side of ear. Lacerated wound 1 x crn on back of left ear. Muscle deep. Bleeding from wound was present.;