Point of Law : If the sentence awarded is reduced to the period already undergone and a reasonable compensation is awarded to the victim, the ends of justice would be served.

JUDGMENT :

Heard Sri Rajeev Goswami, learned counsel for the appellants and Sri Sunil Kumar Tripathi, learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgement and order dated 29.08.1995 passed by VIIIth Additional Sessions Judge, Mathura, in Sessions Trial No. 12 of 1992, State of U.P. Vs. Gopal Dass and Others arising out of Case Crime No. 120 of 1990, Police Station-Vrindavan, District- Mathura.

3. By the impugned order, the trial court has convicted the appellants, Gopal Dass, Lala, Munna and Ravi u/s 308 I.P.C. and sentenced them to three years rigorous imprisonment. During pendency of the criminal appeal, appellant, Gopal Dass died and the criminal appeal qua appellant, Gopal Dass, was abated vide order dated 12.10.2022 of the Court. Thus, this appeal remains only qua appellant nos. 2, 3 and 4 namely, Lala, Munna and Ravi.

4. The prosecution case in brief is that on 31.03.1990 at 8.30 a.m., near Gopal Bhawan Bari Kunj in front of the house of Purushottam, accused Gopal Dass S/O Mihi Lal, Munna, Lala and Ravi, all sons of Gopal Dass, resident of Seva Kunj, Police Station-Vrindavan, District-Mathura, surrounded Chailbihari Sharma, and beat him with sticks and water pipe causing injuries to him. At that time, informant, Saroj Sharma, wife of Chailbihari Sharma, was at her house. On getting this information, informant Saroj Sharma ran and reached to the place of occurrence. Her husband, Chailbihari Sharma, was lying unconscious on the road. She carried her husband on rickshaw to police station concerned. The occurrence was witnessed by several persons of the neighbourhood. On the basis of written report (Ext.Ka.1) given by informant, Saroj Sharma, N.C.R. (Ext.Ka.7) u/s 323 I.P.C. was registered in Police Station-Vrindavan on 31.03.1990 at 9.10 a.m. On 11.04.1990, Girdhari Lal Sharma, brother of injured Chailbihari, submitted a written report (Ext.Ka.2) in Police Station-Vrindavan, in which it was mentioned that on 31.03.1990 at 8.30 a.m., in Maan Gali, Seva Kunj, Vrindavan, accused-appellants, Gopal Dass, Munna, Lala and Ravi and non-accused, Chhotey beat his brother, Chailbihari Sharma with lathi and iron rod. The report regarding it was registered by his sister-in-law (bhabhi), Saroj Sharma, on the same day in police station concerned. Due to the injury caused by accused, the condition of his brother is serious from the date of occurrence. He was admitted in Methodist Hospital for treatment where it was found that there is fracture of bone in his body. The entry regarding registration of N.C.R was made in G.D. on 31.03.1990 on 10.10 a.m. Certified copy thereof is (Ext.Ka.8) on record.

5. On the basis of the written report (Ext.Ka.2) given by Girdhari Lal Sharma on 11.04.1990, N.C.R. was converted as Case Crime No. 120 of 1990 u/s 147, 308 I.P.C. Carbon copy of the G.D. regarding registration of the criminal case under the aforesaid sections is (Ext.Ka.9).

6. The injured Chailbihari Sharma was carried to State Contagious Disease Hospital, Mathura, where Medical Officer Dr. S.K. Jain had done the medical examination of the injuries of the injured Chailbihari Sharma, aged 38 years and prepared the injury report (Ext.Ka.3). At the time of occurrence, following injuries were found on the person of Chailbihari Sharma :-

(i) Lacerated wound 5 cm x 0.05 cm skin deep on right side of head 10 cm above the right ear. Margins were irregular. Blood was oozing.

(ii) Lacerated wound 7 cm x 1 cm skin deep on left side of head, 10 cm above the left ear. Margins were irregular. Blood was oozing.

(iii) Lacerated wound 3 cm x 0.5 cm skin deep 3 cm in the injury no. (ii). Margins were irregular. Blood was oozing.

(iv) Three contusions of size 9 cm x 3 cm which were overlapping over one another on the right side of shoulder. X-ray advised.

(v) Abrasion red in colour 7 cm x 3 cm on back of right forearm.

(vi) Abrasion 3 cm x 2 cm behind of right forearm, 5 cm below the injury no. (v).

7. In the opinion of the Medical Officer