Amar Singh Chauhan, J. - (1.) This criminal appeal has been filed against the judgment and order dated 9.12.1981 passed by the Additional Sessions Judge II, Rampur in S.T. No. 27 of 1980 (State of U.P. v. Jaswant Singh others) under Sections 302 read with Section 34 IPC, P.S. Bilaspur, District Rampur whereby the learned Judge convicted the appellant, Jaswant Singh under Section 304 IPC and sentenced to undergo 7 years rigorous imprisonment as well as fine of Rs. 1000/- and further one year rigorous imprisonment in default of payment of fine.
(2.) The brief facts giving rise to the present appeal are that a written report was handed over by the complainant, Banka Singh at the police station, Bilaspur which was scribed by the Murari Lal Saxena to the effect that on 26.6.1979 at about 10:00 AM, Km. Balbir Kaur daughter of the complainant was washing clothes sitting near the handpipe outside her house. Accused Jaswant Singh arrived there and having become naked and sat down in front of Km. Balbir Kaur to pass urine. On being objected by Km. Balbir Kaur, Jaswant Singh began to harl in-decent abuses to her and he was armed with lathi. On that occasion, the accused Hazara Singh and Maalik Singh also arrived there. Maalik Singh exhorted Jaswant Singh to kill Km. Balbir Kaur. On being exhorted, the appellant, Jaswant Singh struck lathi on the head of the Km. Balbir Kaur and on hearing some noise, Banka Singh, Gurmukh Singh and Jaimal Singh reached near the place of occurrence and saw the incident. On being challenged, the accused ran away from the occurrence. As a result of sustaining injury, Km. Balbir Kaur became unconscious and started vomiting. On the basis of written report, a case was registered at Case Crime No. 172 of 1979 under Section 308 IPC, was entered into GD No. 26 at 11:30 AM under Section 308 IPC, P.S. Bilaspur, District Rampur on 26.6.1979.
(3.) After registration of the FIR investigation was entrusted to S.I., D.P. Singh. Km. Balbir Kaur was succumbed to injury, therefore, the inquest report, photo laash, challan laash and letter to CMO were prepared. On receiving the postmortem report, the case was converted to under Section 302 IPC. After recording the statement of witnesses, a charge sheet was submitted under Section 302 IPC read with Section 34 against accused, Jaswant Singh, Hazara Singh and Maalik Singh. The accused have denied the charges and alleged their implication is false, therefore, they were charged under Section 302 IPC read with Section 34 IPC.;