STATE OF U P Vs. PEER BUX

JUDGEMENT

(1.) THIS appeal is directed against an order dated 21-9-1974 passed by the Munsif Magistrate, Rampur, acquitting respondent Peer Bux, resident of village Dalelnagar, Police station Tanda, district Rampur of an offence punishable under section 394 IPC.

(2.) THE case of the prosecution against;the respondent was that on 1-4-1973 at about 11 A.M. he bundled some of the harvested masoor crop of Ranjeet Singh in village Ateria, police station Kotwali Rampur and began to leave the field of Ranjeet Singh. Ranjeet Singh happened to reach there. He raised alarm and attempted to catch hold of the respondent.. THE respondent threw the load of masoor and assaulted Ranjeet Singh with a daranti. Persons in the neighbouring fields came up. Consequently the respondeat was caught on the spot and was assaulted with lathis. Ranjeet Singh got a report written by Sohan Singh, P. W. 4 on the spot. THEn the respondent was taken to the police station Kotwali which is 3 miles away and produced there at 1.30 P.M. with the written report, daranti and load of masoor.

(3.) THE case was investigated into by S.N.Singh, S.I, P. W. 5. THE respondent did not admit the allegations of the prosecution He contended that he had gone to work as labourer at the wheat field of Riyasat whose field is by the side of the field of Ranjeet Singh, that Ranjeet Singh stopped him and asked him to uproot his masoor, that he replied that he would first harvest the wheat crop of Riyasat, that then he would uproot his masoor, that thereupon Ranjeet Singh gave him abuses and assaulted him with lathi, that he caught his lathi and as such Ranjeet Singh fell down, that there was a daranti in his hand and that he did not know how Ranjeet Singh was injured with the daranti. At the end of his statement under section 342 CrPC, he added that he assaulted Ranjeet Singh with his daranti in self defence.