Court No. - 81
Case :- CRIMINAL APPEAL No. - 3129 of 1983 Appellant :- Ram Kumar Respondent :- State Counsel for Appellant :- A.K. Chaturvedi,Rajiv Sisodia Counsel for Respondent :- A.G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajiv Sisodia, learned counsel for the appellant no. 1 and Sri Rahul Srivastava, learned A.G.A. for the State.
This appeal has been preferred against the judgment and order dated 15.12.1983 passed by IIIrd Additional Sessions Judge, Bijnor in S.T. No. 35 of 1983, State Vs. Ram Kumar & others, convicting the appellants under Section 323/34 I.P.C. and sentencing the appellant no. 3 Murari Singh as to be released on probation of good conduct and execution of a personal bond of Rs. 1000/- and two sureties each in the like amount and sentencing the appellant no. 1 Ram Kumar, appellant no. 2 Triloki Singh and appellant no. 4 Sheesh Ram to pay a fine of Rs. 300/- and in default to undergo rigorous imprisonment for three months.
As per the report of C.J.M., Bijnor dated 01.06.2016, the appellant no. 2 to 4 namely Triloki Singh, Murari Singh and Sheesh Ram have expired.
In view of the above, the appeal of appellant nos. 2 to 4 stands abated.
As per the F.I.R., in the compound of Mahatma Gandhi Kusth Ashram, near Railway Line, P.S. Kotwali, Bijnor, the accused appellant no. 1 along with three other co-accused who have died voluntarily caused hurt to Ramkali, Smt. Hardai and Chaman and all of them had committed serious offence by setting the residential huts belonging to Chaman and others on fire, as a result of which they got burnt.
The incident was reported by Nathu Singh (PW1), the same day at 10:30 AM at P.S. Kotwali, Bijnor. Medical examination of the injured Smt. Ramoni, Smt. Ramkali, Chaman, Smt. Hardai and Rama was also conducted the same day at district Bijnor and grievous injury was found to have been suffered by Smt. Ramoni and simple injuries were found to have been suffered by the other injured by blunt object except Smt. Hardai. The charge sheet has been submitted by the police under Sections 436, 323 & 325 of I.P.C. against all the accused appellants. The trial court has framed charge under Sections 323, 325 & 436 read with 34 I.P.C. against all the accused appellants to which they pleaded not guilty and claimed trial.
In order to prove its case, the prosecution has examined the informant of the case as PW1, Dr. Chand Kumar as PW2, Rama as PW3, Ramkali as PW4, SI Rambir Singh as PW5.
PW1 has supported the prosecution version and has proved First Information Report as Ex. -Ka1. PW2 Dr. Chand Kumar has also proved the injury memo of Smt. Ramoni and found her to have sustained two injuries which were grievous in nature. He had also conducted the medical examination of Ramkali and found her to have sustained two injuries which were simple in nature, caused by blunt object. He has also conducted the medical examination of Chaman and found him to have sustained two injuries. He also examined Smt. Hardai and found that she had not suffered any apparent injury. He also examined Rama and found her to have sustained two injuries and has further submitted that all the injuries were possible to have been caused on 06.11.1981 at about 08:00AM. PW3 Rama has named all the accused appellants who have caused injuries to her. The S.I. Rambir Singh was examined as PW5 and proved the charge sheet.
After evaluation of the evidence on record and after having heard both the sides, the trial court has convicted the accused appellants under Section 323 read with 34 I.P.C. only. The trial court awarded the punishment of only fine of Rs. 300/- to the accused appellant no. 1 Ram Kumar and in default of the payment of fine three months rigorous imprisonment.
I do not find any infirmity in the impugned judgment because the same appears to have been based on sound reasoning and on the proper appreciation of evidence because the injured witnesses have supported the prosecution version, hence the impugned judgment is upheld.
Looking to the fact that the accused appellant has been inflicted punishment of fine of Rs. 300/- only which seems to be the punishment on lighter side, hence, the appeal stands dismissed and the judgment of the trial court is upheld.
The office is further directed to transmit a copy of this order along with lower court record to the trial court forthwith for compliance.
Order Date :- 27.11.2019 VPS