- (1.) SINCE both the above appeals have arisen out of the common judgment and order dated 24-12-2001, passed by learned Additional District and Sessions Judge/3rd ETC. , Dehradun in S. T. No. 148 of 1998, therefore, both the appeals are being disposed of together by this common judgment. These appeals have been preferred against the aforesaid impugned judgment and order whereby the appellants Baldev @ Balla and Damber Bahadur have been convicted and sentenced to undergo rigorous impris onment for seven years and a fine of 5,000/- u/s r/w 34 I. P. C. In default of payment of fine, the appellants shall further undergo R. I. for six months.
(2.) BRIEF facts of the prosecution case are that on 02-06-1998 at about 11:00 p. m. in the night, the appellant Damber Bahadur called the injured Raju Thapa S/o Dharamraj from his house. The appellant Baldev was standing out side his house. They took away Raju Thapa with them. When they reached near the Khokha of Mast Ram, they started beating Raju Thapa. The parents of the injured Raju Thapa also followed him. The appellant Baldev @ Balla struck on the head of the injured by the butt of the country made pistol whereas the appellant Damber Bahadur caught hold the injured. The appellant Baldev @ Balla shot upon the injured due to which he sustained the injuries on outer side of his chest. The incident was wit nessed by the parents of the injured and other witnesses. Though in the evidence, it is stated that no other persons was present at the spot except parents of the injured. Thereafter, the injured Raju Thapa was taken to Vikas Nagar Hos pital from where he was referred to Doon Hospital where he remained ad mitted for nine days for his treatment. No injury report was prepared by any of the Medical Officers for the treatment of the injured. Tara Devi, mother of the injured submitted the report to the po lice station Dakpathar on 03-06-1998 at about 4:00 p. m. about the incident af ter admission and treatment of her son injured Raju Thapa in Doon Hospital. After submission of chargesheet, the accused were committed to the court of Sessions for trial and the trial court framed charge u/s 307 r/w 34 I. P. C. against the accused/ appellants. The ac cused denied the charge levelled against them and claimed their trial. The prosecution in support of its case examined as many as nine wit nesses. Raju Thapa PW1 is the injured witness who has sustained the injuries in the incident. Smt. Tara Devi PW2 and Dharamraj PW5 are the parents of the injured Raju Thapa and they are the eyewitnesses of the incident. Dr. K. S. Chauhan PW3 is the Medical Officer who has stated that the injured Raju Thapa was given first aid in the hospi tal. Kripal Singh PW4 is the constable who has arrested the accused/appellant on 03-06-1998. Dr. RK. Nautiyal PW7 is the Medical Officer who has examined the injured. Dr. Radhey Shyam Gupta PW8 is the Medical Officer who has stated that the injured Raju Thapa was admitted in the Doon Hospital. S. I. B. D. Patiya PW9 is the Investigating Officer of this case and he has filed the chargesheet Ex. Ka. 9 against the ac cused/appellants.
(3.) THE accused-appellants were ex amined u/s 313 Cr. P. C. and they have pleaded not guilty to the offence. THEy have further stated that the police have implicated them falsely in this case. The learned Addl. Sessions Judge, after appreciation of the evidence and hearing the parties convicted the ap pellants and sentenced them as indi cated above. Whereas the accused Babu Ram was acquitted from the charge leveled against him.;