ASHWANI KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the appellants and learned A.G.A.

(2.) BOTH these criminal appeals arise from a judgment passed by the then Ist Additional District Judge, Basti dated 30.6.1984. By the said order and judgment, the appellants were convicted and sentenced to undergo under Section 147, I.P.C. 6 months R.I., under Section 342/149, I.P.C. 6 months R.I., under Section 325/149, I.P.C. one year's R.I. and under Section 302/149, I.P.C. life imprisonment. Criminal Appeal No. 1770 of 1984 was filed by Ashwani Kumar Pandey. Hari Om Srivastava, Arun Kumar Tiwari and Sri Prakash Bhar and Criminal Appeal No. 1771 was filed by Raj Kumar Pandey alone. BOTH these appeals are disposed of by a common judgment.

(3.) RAGHVENDRA Dhar Dwivedi was examined at 10.30 p.m. by Dr. P. K. Misra on the same day. This doctor was not examined in the trial court. His medical examination report is Ex. Ka-20 on record. According to the medical officer, these injuries were simple. Injury Nos. 1 and 5 was caused by some hard blunt object whereas injury Nos. 2, 3 and 4 caused due to friction. No advise for any X-ray examination of injury No. 5, i.e., contusion was made by the doctor. However, the injured, according to him, got himself X-rayed by a private radiologist Dr. R. N. Chaudhary, P.W. 11 after 2 days of the first medical examination. Dr. R. N. Chaudhary found lowest end of fibula fractured. It is Ex. Ka-19 on the record. He had prepared the report on its basis.