- (1.) M. K. Mittal, J. This appeal has been preferred by (1) Tejpal S/o Pyarelal, (2) Devendra, (3) Arvind and (4) Krishna sons of Tejpal, all residents of Kasba Vajir ganj, Police Station Vajirganj, District Badaun, against the judgment and order dated 10th August 2006 passed by Sri Arun Chandra Srivastava, Additional District and Sessions Judge (F. T. C. No. 3), Badaun, in Sessions Trial No. 108/2002, whereby they have been found guilty and convicted under sections 323/34, 304/34 and 504 I. P. C. and have been sentenced to undergo rigorous imprisonment for one year, 10 years and one year respectively. Fine of Rs. 5,000/- on each of the accused has been imposed under section 304/34 I. P. C. with default stipulation of one year. All the sentences of each of the accused have been directed to run concurrently.- It has been further directed that after the fine is recovered Rs. 5,000/- shall be paid to Hans Raj, the injured and Rs. 10,000/- to the legal heirs of Khemkaran, the deceased.
(2.) THE brief facts of the case are that on 24. 2. 2001 at about 10 a. m. when the informant Hans Raj and his brother Khemkaran were at their house in village Vajirganj the accused persons armed with lathies came to their house and invited Khemkaran for a feast as the marriage of Krishna accused was to take place. Khemkaran refused to go in the feast and at this the accused started abusing him and said as to why he would not come to join the feast. THEreafter, the accused persons started belabouring Khemkaran and Hansraj with their lathies At that time Chhatra-pal and Rajpal also came and saw the incident. Khemkaran received grievous injuries and was taken by Hansraj to police' station where he lodged oral report at 11. 20 a. m. same day. It was written as NCR and its copy is Ex. Ka-2. Constable Virendra Kumar PW4 was posted as constable clerk at Police Station Vazirganj on 24. 2. 2001. He has stated that Hansraj and his brother Khemkaran came in injured condition and on the oral information given by Hansraj he prepared the NCR. It was also thumb marked by Hansraj. The case was initially registered under sections 323 and 504 I. P. C. against the present appellants. The necessary entry was made in general diary at rapat No. 21 at 11. 20 a. m Its copy is Ex. Ka-3. Constable Virendra Kumar gave majroobi letters for medical examination to Hansraj and Khemkaran and they were sent to hospital. Hansraj took his brother to Government hospital, Vajirganj but finding his injuries grievous he was referred to district hospital Badaun. Dr. V. P. Bharadwaj, PW5, was posted in district hospital Badaun on 24. 2. 2001. He examined Khemkaran at 1. 05 p. m. and found the following injuries :- 1. Lacerated wound 4 cm. x 5 cm. x scalp deep on head 1 cm. above left ear. 2. One contusion 6 cm. x 2 cm. on right side back of chest lower part. 3. One abraded contusion 3 cm. x 2 cm. on front of left knee. Injuries were caused by some blunt object and were fresh in duration. Injury No. 1 was kept under observation. The injury report is Ex. Ka-6.
(3.) DR. V. P. Bharadwaj also examined Hansraj same day at 1. 15 p. m. and found following injuries on his person : 1. One abraded contusion 3 cm. x 1. 5 cm. on base of right index finger. 2. One abraded contusion 7 cm. x 2 cm. on left shoulder. These injuries were caused by some blunt weapon and were fresh. Injury No. one was kept under observation and x-ray was advised. The injury report is Ex. Ka-7. According to doctor these injuries of two injured could have been caused with lathies on 24. 2. 2001 at about 10 a. m. Since the condition of Khemkaran was serious, he was referred by the Medical Officer, District Hospital, Badaun, for treatment at Bareilly. The informant took his brother to Bareilly hospital but before he could be admitted, he died. The complainant brought back the dead body to his house. He got a report Ex. Ka-1 written by Gazi Khan and gave it at the police station. On the basis of this report the case was converted to section 304 I. P. C. and entry was made in the general diary at rapat No. 19 on 25. 2. 2002 at 1. 45 p. m. Its copy is Ex. Ka-16.;