This criminal appeal, preferred un der Section 374 (2) of the Code of Crimi nal Procedure, 1973 (for brevity herein after Cr. P. C.), is directed against the judgment and order dated 21-12-1982, passed by learned Sessions Judge, chamoli, in Sessions Trial No. 19 of 1982, whereby appellants Ram Chandra and Ghanshyam have been convicted under Section 307 read with Section 34 of the Indian Penal Code, 1860 (for brevity hereihalter I. P. C.) and each one of them is sentenced to undergo rigor ous imprisonment for a period of four years.

2. Heard learned counsel for the parties and perused the entire record.

3. Prosecution story, in brief, is that appellant Ram Chandra and Ghanshyam are brothers, who are resi dent of village Lankhi, Patwari Circle Ghat, Tehsil and District Chamoli. Their cousin P. W. 3 Govind Ram (injured) was earlier in the service of the armed forces and his land used to be cultivated by the appellants. When he returned back to his village, (probably after retirement) a dispute arose between the cousins re lating to occupation of the land and they indulged in proceedings under Sec tion 107 7116 of Cr. PC. , in the year 1979. Later, Govind Ram became Surpanch (Head man) of the Van Panchayat in the year 1980, and he got challenged both the appellants under Section 4 / 5 of the U. P. Public Premises (Eviction of unauthorized occupants) Act, 1972. On 09-07-1982, Govind Ram appeared as witness against both the appellants, in said proceedings. On the next day i. e. 10-07-1982, P. W. 3 Govind Ram had an upset stomach and he went to ease out, at about 1:15 RM. , from his village towards Myakot Toke. Mean while, both the appellants reached there and appellant Ghanshyam threw a stone at Govind Ram, while appellant Ram Chandra struck him with a THAMALF (a heavy sharp edged weapon like Sickle ). Resultantly, Govind Ram fell down and got unconscious. At that point of time, P. W. 5 Bhaduli Devi was work ing in a nearby field and rushed to the spot, on hearing alarm raised by Govind Ram. She saw injured bleeding profusely and appellants Ghanshyam and Ram Chandra running away from the place of occurrence. She also raised alarm on which P. W. 4 Khilaph Singh (informant) and one Shiv Singh also reached there. P. W. 4 Khilaph Singh got lodged the First Information Report (Ext. A-8) on 11-07- 1982, with Patwari Ghat (In Uttaranchal hills, in certain areas, revenue officers are given police powers ).

Before that he took injured Govind Ram to District Hospital at Gopeshwar and got him admitted there, at about 9:25 RM. , on the previous day i. e. 10-07-1982, The crime was investigated by P. W. 7 Sureshan and Dhondiyal, Patwari, who interrogated the witnesses, prepared site plan (Ext. A-14) and got sent the blood stained clothes, after taking into posses sion, to the chemical examiner. On com pletion of the investigation the Investi gating Officer submitted charge sheet, against both the accused / appellants for their trial for allegedly committing of fence punishable under Section 307 / 34 of I. P. C.

4. On receipt of the charge sheet, it appears that the Chief Judicial Mag istrate concerned, after giving necessary copies to the accused persons, as re quired under Section 207 of the Cr. P. C. , committed the case to the court of Ses sions, for trial. Learned Sessions Judge, after hearing the prosecution and the defence framed charge of offence pun ishable under Section 307/34 of I. PC. , against both the accused Ram Chandra and Ghanshyam, who pleaded not guilty, and claimed to be tried. On this pros ecution got examined P. W. 1 Dr. D. N. Pauriyal (who medically examined the injured); P. W. 2 Dr. D. C. Awasthi (who X- rayed the injuries on the person of the injured); P. W. 3 Govind Ram (injured eyewitness); P. W. 4 Khilaph Singh (in formant); P. W. 5 Bhaduli Devi (eyewit ness); P. W. 6 Lachcham Singh (witness of recovery of THAMALI) and P. W. 7 Sureshanand Dhondiyal (Investigating Officer ).

5. All oral and documentary evi dence was put

Click Here to Read the rest of this document