PAPPAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment and order dated 25.10.2000 passed by IIIrd Additional Sessions Judge, Haridwar in Sessions Trial No. 68 of 1998.

(2.) APPELLANT Pappan and Om Prakash are the son and father. Injured Soran Singh (P.W.l) is the real brother of appellant Om Prakash. Informant eye -witness Yashpal (P.W.2) is also their real brother. Smt. Krishna deceased was he wife of Soran Singh. They are residents of village Rani Mazra P.S. Pathri, District Haridwar and their residential hutments and 'gher' (cattle house) are situate in village abadi. There was some dispute in regard to one of the gher and relations between the brothers were strained.

(3.) BRIEFLY stated the prosecution case in regard to the occurrence is that on 17.12.1997 at about 7:30 a.m. Pappan, his father Om Prakash and his mother Smt. Meela carrying gandasas and axe started abusing Soran Singh, his wife Smt. Krishna and son Promod while they were in their 'gher' and hutment and another brother Yashpal was giving fodder to his cattle in the 'gher'. They were told to behave decently. They then resorted to making assault with their said weapons causing injuries to Soran Singh and Smt. Krishna. Hearing alarm co -villagers Nakli Ram, Rajendra Singh and others reached at the scene of the occurrence. Smt. Krishna succumbed to her injuries at the spot itself. Soran Singh received head injuries and fell there on the ground. Informant eye -witness Yashpal got prepared written report, Ext.Ka -1 and lodged it at the police station the same day at 9:15 a.m. A case U/S 302, 307 and 506 IPC was registered.