Vinod Prasad - (1.) -A family consisting of father Gyan Singh and his three sons Jabar Singh alias Pappu, Ajab Singh and Register alias Mahabir have been convicted by Additional Sessions Judge, Court No. 3, Saharanpur in S.T. No. 1365 of 1999, State v. Register alias Mahabir connected with S.T. No. 624 of 2000 Gyan Singh and others for offences under Sections 307/34 and 452, I.P.C. and all of them have been sentenced for 10 years R.I. with fine of Rs. 2,000 each for the first offence and 3-1/2 years R.I. with fine of Rs. 1,000 for the second offence vide his impugned judgment dated 13.7.2006. Trial Judge has further ordered that in default of payment of fine, the appellants accused shall further undergo one year simple imprisonment and the period of imprisonment already served by them in jail shall be counted towards their aforesaid sentences, which shall run concurrently.
(2.) THE prosecution version against the appellants accused are that Om Pal brother of informant Vijay Pal Singh in a heat of anger threw a brick towards his wife Urmila but she budged slightly and pelted brick caused injury to the wife of Pappu alias Jabar Singh, (appellant) for which injured wife lodged a complaint with her family members. Because of the aforesaid reason at 8 p.m., on that day 26.8.1999 appellants Gyan Singh armed with lathi, Ajab Singh, Pappu alias Jabar Singh and Register alias Mahabir armed with knives raided the house of the informant Vijay Pal Singh and assaulted the family members with their respective weapons. On hue and cry, Madan Singh brother of Urmila Devi and co-villagers Jai Bhagwan reached on the spot, intervene in the assault and save the lives of the injured. THEy had witnessed the said incident in the lantern light. While escaping from the place of the incident, the accused had threatened the informant and other witnesses. Om Pal had sustained grievous injury and was immediately rushed to Government Hospital, Deoband from where he was referred to Government Hospital, Saharanpur. Informant Vijay Pal Singh scribed the F.I.R. and lodged it at police station, Deoband, District Saharanpur as Crime No. 507 of 1999 for offences under Sections 452, 307, 504 and 506, I.P.C. on 26.8.1999 at 1.30 p.m. Investigating Officer commenced the investigation, recorded the statements of witnesses, made spot inspection, prepared site plan, copied the injury report of the injured Om Pal, recovered the blood stain T-shirt and after making other usual investigation submitted to two charge-sheets against all the appellants in the Court and the accused were summoned by the Magistrate. On the basis of charge-sheet accused in both the charge-sheets were committed to the Court of Sessions by A.C.J.M., Deoband vide his order dated 10.12.1999 and 5.8.2000. 4th Additional Sessions Judge, Court No. 5, Saharanpur charged the appellants Gyan Singh, Jabar Singh alias Pappu and Ajab Singh for offences under Sections 307/34 and 452, I.P.C. on 29.3.2001 and also charged the appellant Register alias Mahabir for the said offence on 17.1.2002. Both the sessions trials being S.T. No. 1365 of 1999 and S.T. No. 624 of 2000 were clubbed together and were decided by the Additional Sessions Judge, Court No. 3, Saharanpur by passing the impugned judgment and order on 13.7.2006. In the trial prosecution examined, informant Vijay Pal Singh, P.W. 1, eye-witness Jai Bhagwan P.W. 2, injured Om Pal P.W. 3, eye-witness Urmila Devi P.W. 4, Dr. Gyanendra Singh P.W. 5, S.I. Rajeev Dadriyal P.W. 6, Dr. Prabhat Kumar P.W. 7, constable G.B. Lal P.W. 8 and constable Sathish Kumar P.W. 9 and proved the F.I.R. exhibit Ka-1, medical report of Om Pal exhibit Ka-2, site plan exhibit Ka-3, recovery of blood stain T-shirt exhibit Ka-4, charge-sheet exhibit Ka-5 and Ka-6, operation note exhibit Ka-7 and Ka-8, X-ray report Ka-9 and other documents.
(3.) IN their statements under Section 313, Cr. P.C., the accused took the usual defence of false implication and in their defence they examined Ram Pal Singh as D.W. 1. After going through the evidences on record and by critically appreciating the facts and the evidences Additional Sessions Judge, Court No. 3, Saharanpur found the prosecution case proved beyond all reasonable doubts and hence convicted all the appellants under Sections 307/34 and 452, I.P.C. and sentenced them as is mentioned in the opening part of the judgment.;