- (1.) THIS is a criminal appeal filed by the appellants against the judgment and or der dated 28. 04. 2003 passed by the then Sessions Judge, Dehradun in S. T. No. 177/2000, (State Vs. Subhash Kumar and Others) whereby the learned Sessions Judge has convicted the appellants and sentenced them to undergo RI for three years and also imposed a fine of rupees one thousand each under Section 324/34 of the I. P. C. It was further directed that in default of payment of fine, the appel lants would undergo rigorous imprison ment for another period of three months.
(2.) THE case of the prosecution, in brief, is that on 31. 1. 2000 at about 3. 15 pm, a report was lodged by the injured Surendra Kumar Sehgal at Police Station Dalanwala wherein it has been stated that on 31. 1. 2000, he was going to his college for N. C. C classes. It was also alleged that when he was entering into the gate of D. B. S (P. G.) College, the accused Subhash who was a student of B. A. Part - II in the D. B. S College alongwith three other persons reached over the and all these persons were armed with khukries' (a sharp edged weapon ). The appellant Subhash instigated the other accused per sons to kill Surendra Kumar Sehgal. Upon this, co-appellant Hargopal assaulted him by 'khukri' which he was holding in his hand and immediately thereafter, the ap pellant Subhash also assaulted him by the 'khukri' on different parts of his body. The rest of the accused persons also assaulted him at the spot. Surendra Kumar Sehgal sustained injuries on his head and hand. Two students namely, Narendra Singh and Shailly who were present over there saw the occurrence and they took the injured-Surendra Kumar Sehgal to Doon Hospi tal, Dehradun where the injured-Surendra Kumar Sehgal scribed the report to the aforesaid effect and the same was lodged at the Police Station Dalanwala on 31. 1. 2000 at about 1515 hours. Thereafter. the matter was investigated and chargsheet was submitted by the Investi gating Officer against the appellants. The trial court framed charge against the accused appellants under Sec tion 307 read with 34 of the IPC. The ac cused appellants denied the charge levelled against them and claimed trial. The prosecution in support of its case examined as many as four witnesses namely, Narendra Singh (an eyewitness) PW1, the injured/informant-Surendra Kumar Sehgal PW2, Dr. G. B. Singh PW3 and S. I. R. K. Kanojiya PW4-the Investigat ing Officer of this case.
(3.) IN the statement recorded u/s 313 Cr. PC. , the accused-appellants denied all the averments made in the prosecution evidence and stated that they have been falsely implicated in this case. The ac cused- appellants did not adduce any evi dence either documentary or oral, in sup port of their defence. The learned trial court after appre ciation of the evidence convicted the ac cused-appellants and sentenced them as mentioned above.;