Ramesh v. State of Uttarakhand
Case Details
Acts & Sections
Sri Mohit Kumar Agarwal, Advocate, present for the appellants. Sri M.A. Khan, A.G.A. with Shri Nishat Intazar, Brief Holder, present for the State. Hon(cid:146)ble Prafulla C. Pant, J. 1) Both these appeals are directed against the judgment and order dated 12.03.2001, passed by Addl. Sessions Judge, Haldwani, District‐Nainital Sessions Trial No. 231 of 1993, whereby said court has convicted each of the accused/appellants Ramesh, Babu and Anil, under Section 324 read with Section 34 of I.P.C.. Each one of them has been sentenced to rigorous imprisonment for a period of two years. 2) Heard learned counsel for the parties, and peruse the lower court record. 3) Prosecution story in brief that on
29.12.1991 at about 8:00 A.M., PW2 Nandlal was coming from village Jhankiya, and when he reached near a shop of Shri Ram Gupta on Jhankiya Road, Khatima accused Bhole (absconding) alongwith 3 accused/appellants Babu, Anil and Ramesh came there. Accused Bhole was armed with an axe, rest of the accused were armed with sticks. They surrounded PW2 Nand Lal and assaulted him. The accused had enmity with injured. On hearing noise PW1 Lahari Babu ,PW3 Shyam Lal and some others reached at the spot and saved Nand Lal from getting assaulted. Injured Nand Lal (PW2) was taken to government hospital Khatima from where he was taken to District Hospital, Pilibhit for his medical treatment. First Information Report (Ex.A1) was lodged by PW1 Lahri Baba at police station Khatima on the very day at about 3:15 P.M., against the four accused namely Bhole (absconding), Babu, Anil and Ramesh in respect of offences punishable under Section 304, 324, 323 of I.P.C.. On the basis of said report crime no. 575 of 1991 was registered at police Station Khatima against the aforesaid accused, and PW5 Sub Inspector Ram Surat Gautam conducted investigation. Meanwhile, PW4 DR. A.K. Singh of District Hospital Pilibhit medically examined the injured Nand Lal and recorded injures found on the person is injured in injury report (ExA2) which included two incised wounds one abrasion and two contusions. The investigation officer after 4 interrogating the witnesses, and on completion of investigation submitted the chargesheet (Ex. A7) against the accused Ramesh. Another chargesheet (Ex. A8) was filed against rest of the accused namely Bhole (absconding) Babu and Anil for the their trial in respect of offences punishable under Section 304, 324, 323 of I.P.C. 4) On receipt chargesheet Munseef/Judicial Magistrate Khatima, after giving necessary copies to the accused (except accused Bhole) as required under Section 207 of Cr.P.C. committed the cases of accused Ramesh, Babu and Anil to the court of sessions. Learned Additional Sessions Judge, Nainital on 21.12.1994 after hearing the parties framed charge of offence punishable under Section 307 read with Secion 34 of I.P.C. against the accused Ramesh, who pleaded not guilty and claimed to be tried. A separate and similar charge appears to have been framed against the two other accused namely Babu and Anil. They also pleaded not guilty and claimed to be tried. Both Sessions Trial No. 231 of 1993 and Sessions Trial No. 321 of 1996 were consolidated and the evidence was recorded in sessions trial no. 231 of
1993. The prosecution got examined PW1 Lehri Babu 5 (informant and eyewitness) PW2 Nand Lal (injured eyewitness), PW3 Shyam Lal (another eye witness), PW4 A.K. Singh (who medically examined the injured) and PW5 Sub Inspector Ram Surat Gutam, who investigated the crime. 5) The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which they pleaded that they have been falsely implicated in case due to the enmity. However, no evidence in defence was adduced. After hearing the parties on sentence the trial court found that the charge of offence punishable under Section 324 and 34 of I.P.C. is proved against all the three accused Ramesh, Babu and Anil, they were convicted accordingly. After hearing on sentence each one of the convicts was sentenced to rigorous imprisonment for a period of two years under Section 324 read with Section 34 of I.P.C. 6) Aggrieved by said judgement and order dated 12.03.2001, passed by Learned Addl. Sessions Judge, Haldwani, District‐Nainital in Sessions Trial No. 231 of 1993 and Sessions Trial No. 321 of 1996, these appeal are preferred by the convicts.. 6 7) Before further discussion, this Court thinks it just and proper to mention the injuries found by PW4 Dr. A.K. Singh, on the person of Nand Lal (PW1) on 29.09.1991 in District Hospital, Pilibhit. Said injuries recorded in injury report (Ex. A2) are being reproduced below :‐
1. An incised wound 5c.m.x1c.m.xScalp deep on left parietal bone 10 c.m. above left ear. Fresh clotted blood present.
2. An incised wound 6c.m.x1c.m.xscalp deep on vertex, transvarly placed. Fresh clotted blood present.
3. An abrasion 1c.m.x1/2 c.m skin deep on terminal phalynx of index finger of right hand. Fresh clotted blood present.
4. Contusion with swelling 4c.m.x4c.m. on left side of face, just below left eye, color red.
5. Contusion with swelling 2c.m.x2c.m. on left side of back, below scapula, color red. 8) According to PW4 Dr. A.K. Singh above injuries were fresh and caused by blunt object except No. 1 and 2 each of which were caused by sharp object. The medical evidence on record shows that PW2 Nand Lal had suffered injuries on the date of 7 incident. Now this Court is examine whether accused/appellant Ramesh, Babu and Anil had their common intention with accused Bhole (absconding) in voluntarily causing hurt to Nand Lal. 9) PW2 Nand Lal (injured) is a star eyewitness of this case, who has stated that on the date of incident at about 8:00 A.M. accused/appellant Anil, Ramesh, Babu and one Bhole (absconding) met him near the shop of Guptaji. He further told that accused Bhole (absconding) was armed with an axe and rests with other accused were armed with sticks. As to the role of other accused namely Anil it has been stated that he caught hold of him (Nand Lal, PW2) and exhorted Bhole to kill him. Whereafter all the four accused started assaulting the witness (PW2) statement of this witness gets corroboration from the medical evidence already discussed and as such to this extent and it is proved on the record that accused/appellants has common intention with Bhole in voluntarily causing hurt with deadly weapon to Nand Lal. The statement of PW2 gets further corroborated of the PW1 Lahri Baba (informant), and PW3 Shyam Lal. Having going through the statement of eyewitnesses and medical evidence on record this Court is in agreement with the 8 trial court that prosecution has successfully proved the charge of offences punishable under Section 324 read with Section 34 of I.P.C. against the three accused namely Anil, Babu and Ramesh. As such conviction recorded by the trial court in the opinion of this Court does not require any interference. However, the accused had been in jail not only at the time of their arrest during investigation but also after conviction by the trial court. Keeping said fact in mind, in the facts and circumstances of the case, sentence awarded accused/appellants is reduced to the period of imprisonment has already undergone and further directed to pay fine of ‘ 5,000/‐ in default of payment which the defaulter/accused shall undergo rigorous imprisonment for a period of three months. With the modification in the sentence as above, these appeals stand disposed of. The amount of the fine shall be deposited within one month from today. Lower court record be sent back.
06.12.2012 (Prafulla C. Pant, J.)