YOGENDRA Vs. STATE OF U P

JUDGEMENT

(1.) Sole appellant Yogendra was convicted by IIND Additional Session's Judge, Muzaffarnagar, for offences u/s 412 I.P.C. and 25 Arm's Act in S.T. No.356 of 1976, State Vs. Bal Ram Singh and others but instead of sentencing him with substantive sentence of imprisonment or fine, for both the offences, he was released on probation of good conduct under The Probation of Offender Act 1958, for a period of two years, on his furnishing a personal bond of Rs.1000/- with two sureties each for the like amount to the satisfaction of trial judge concerned, with further direction that whenever he will be called upon, during a period of two years, to serve out the sentence, he will appear. During this period appellant was to maintain peace and good behavior. It is this conviction and sentence which is under challenge in the instant appeal.

(2.) According to prosecution allegations leveled against the appellant, it was alleged that Dalel Singh, an advocate of District Court, Bijnor, P.W.3, was a co-villager as that of accused Balram Singh, Chander Pal, Virendra and Rajendra Singh. On the date of the incident, 23.8.1976 at about 7.30 or 8 A.M., Dalel Singh,PW3, and Budh Singh were going to attend the court on a cycle and when both of them reached near the main road in front of an electric transformer, then all of a sudden accused Balram Singh, Rajendra, Chander Pal, Ramesh and Virendra blocked their way. Balram Singh assaulted P.W.3 with lathi and to ward of the assault P.W.3, whisked out his licensed pistol but Rajendra and Chandra Pal both snatched it with it's bandolier with five live cartridges. Balram Singh, thereafter, gave another lathi blow to P.W.3, who sustained a finger fracture. On shrikes by PW3, Babu Singh, Nobhar, Kripal Singh and other persons rushed to the scene of the incident and had witnessed the incident. While Rajrendra escaped from the spot along with pistol, rest of the assailants entered into their adjacent pens(Gher).Chandra Pal has the bandolier and the cartridges. Dalel Singh initially searched for Rajendra, failing which he got FIR Ext. Ka3, scribed by Nobhahar and the same was lodged at police station Chandpur. P.W.4 Uma Shanker registered the FIR, prepared chik F.I.R. Ext. K.19 and G.D.entry Ex.Ka.20. Medical examination of injured was conducted byDr. B.R. Horra, Medical Officer Officer, Civil Hospital, Chandpur, District Bijnor, P.W.1, same day at 8.15 P.M. Vide Ext.Ka.1. Doctor had noticed following injuries on the body of the injured:-

(3.) Dr. N.N. Pandey,P.W.2 had X-rayed the injured vide X-ray plate Ext.1 and X-ray report Ext. Ka.2,according to which injury no.2 of the injured was grievous in nature as inter phalangeal joint of distal phalanx of right index finger had dislocated.