- (1.) ORDER :- This is an appeal against the judgment and order dated 7-12-1995 passed by Sri R.P. Singh, the then Sessions Judge, Tehri Garhwal in S.T. No. 41 of 1991 State v. Virendra Singh, whereby he convicted the accused-appellant of the offence under Section 395, I.P.C. and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 2000.00 and in default of payment of fine to suffer R.I. for a further period of 6 months.
(2.) The prosecution case was that on 7-1-1991 at about 8.15 p.m. the first informant Madan Singh Kundra (PW 1), who was posted as Tehsildar, Tehri came back to Tehri after leaving Sub-Divisional Magistrate at his residence after attending the law and order duty at top Terrace with Sub-Divisional Magistrate , Tehri. He came to his residence situated at Mohalla Chanakhet, Tehri along with his peon Amichand Ramola. He noticed the presence of 5-6 boys at the gate of his house and they were hurling abuses and grappling with each other and they appeared to be as under the influence of liquor. Sri Madan Singh Kundra asked these boys not to do so but they caught hold of him and started beating him. On the alarm being raised by Sri Madan Singh Kundra, his wife Smt. Madhu Kundra (P. W. 2) and his daughter Manju (P.W. 7) and Mangal Singh peon came there. The aforesaid boys gave beatings to Km. Manju who became unconscious and fell down on the ground. During this period, Amichand Ramola brought 6-7 Jawans of P.A.C., whereupon, the accused-appellant Virendra Singh who had caught hold of Km. Manju, was apprehended by Madan Singh Kundra and Jagdish Prasad, head constable of P.A.C. while the other boys managed to escape. In the occurrence, Madan Singh Kundra and his daughter Km. Manju sustained injuries. In the occurrence, the culprits looted one H.M.T. wrist watch, and one silver ring of Gomade from the possession of the informant Madan Singh Kundra. A written report of the occurrence was scribed by Madan Singh Kundra and lodged by him at the police station Kotwali Tehri. On its basis, the head constable prepared a chick report and registered a case against the accused-appellant and his unknown companions for the offence under Section 395 I.P.C.
(3.) The medical examination of Km. Manju was made by doctor A. K. Pathak, Orthopaedic Surgeon at the Combined Hospital, Tehri at 8.15 p.m. He found the following injuries on her person."(1) An abraided contusion over lower eye-lid left eye outer side, pink in colour, measuring 2 cm x 1/2 cm Swelling over lower eye lid of left eye markedly present. Conjunctive below this injury left eye is reddish (congested).(2) pain and swelling upper lip. Swelling markedly present with tenderness. No colour changes.(3) pain and swelling temporal region left side. Tenderness markedly present. No colour change seen.(4) pain and swelling proximal phalynx left middle finger. Tenderness markedly present.(5) Complaint of pain abdomen right side. Tenderness present in right hypochondrium area. Slight fullness seen in tender area. Injury Nos. 1, 2 and 5 were caused by hard blunt object and were simple in nature. Injury Nos. 3, 2 and 4 were kept under observation. The injuries could have been caused on the date at 8.15 p.m.;