PALJHAN Vs. STATE OF U P

JUDGEMENT

(1.) Paljhan, Gudhan, Shyam Bali, Lal Muni and Inderjeet have med the aforesaid appeal impugning their conviction under section 324 and 323 I.P.C. recorded by Sri S.P. Varma, 4th AddI. Sessions Judge, Gorakhpur vide his judgment and order dated 18/2/1985 in S.T. No. 43 of 1984. Consequent to their conviction, the appellants Paljhan, Gudhanand Shyam Bali were sentenced to undergo R.I. for two years whereas Lal Mani and Inderjeet- were placed on probation to keep good conduct for a period of one year subject to their furnishing personal bond of Rs. 1,500.00 each with two sureties each in the like amount.

(2.) The events preparatory to the occurrence in the instant case are that the complainant Harendra Singh alongwith his cousin Surya Narain Singh hadT gone to the Harijan Basti of village Gerua Baeu Bhenripur Toal on 26/5/1981 at about 11 A.M. for a watch of the two jack-fruits and on reaching the place, they found that Plajhan and Gudhan of Harijan Basti were cutting up the jack fruits from the aforesaid trees. The complainant and his cousin resisted their action upon which Paljhan and Gudhan and other accused persons began to inflict blows by means of laihies, Ballam and knife on being exhorted and incited by accused Syam Bali. At the time of occurrence, accused Shyam Bali, Lalmani and Inderjeet were armed with lathies and spear while the accused persons Paljhan and Guddhan were armed with knives. They all began to belabour Surya Narain by means of the aforesaid arms. On the alarm raised by Harinder Singh complainant, a number of witnesses were attracted to the scene of occurrence. On seeking the witnesses approaching, the accused persons fled away from the scene leaving behind Surya Narain in an injured State. Surya Narain Singh injured was rushed to B.H.C. Bansgaon where from he :was referred to District Hospital Gorakhpur and at district hospital, Gorakhpur the injuries of the injured was examined on the same day at 1.35 P.M. The complainant went to the Police Station Bansgaon to lodge the report only after he had taken the injured and admitted him to the District Hospital Gorakhpur and he could come to the Police Station only at 9.15 P.M. to lodge the report. The report of the occurrence was lodged at 11.10 P.M. at Police Station Bansgaon. The Head constable prepared a chik report and registered the case in the general diary of the Police Station under section 307/ 147/ 148/307 I.P.C. The investigation in the case followed and the investigation officer visited the place of occurrence on 28/5/1981. On reaching the place of occurrence, the Investigating officer, recorded the statements of the witnesses, prepared Site plan and after concluding the investigation, he submitted chargesheet against the appellants in the court.

(3.) It would also be worth while to delineate the defence set up in the instant case. From the side of the accused, an application was sent to Sr. Supdt of Police Gorakhpur on 27/5/1981 by Paljhan appellant-stating therein that on 26/5/1981 at about 10 A.M., his sons wife Smt. Devanta was cutting vegetable in the Verandah of her house when Narain Singh trespassed into the house and he forcibly wanted to have intercourse with her. Apprehending her modesty being outraged by Surya Narain Singh, She raised an alarm and on reaching the scene of occurrence, he found that Surya Narain Singh had pushed her down on the ground and She was struggling to wriggle out and in the process She inflicted knife blows on Surya Narain Singh. On coming to the rescue of her daughter-in-law, Surya Narain Singh also assaulted him by means of Danda. He raised an alarm and on his alarm Gudhan, and Mangru and others rushed to the scene and intervened to save them from further assault by Surya Narain Singh. It was further given out in the report that after the occurrence, he went to the Police Station to lodge the report but the authorities there refused to accept his report and instead, he was turned out of Police Station. From the Police Station, he went to Gorakhpur where he got himself medically examined, on 27/5/1981 at 10 A.M. at Gorakhpur.