STATE OF U.P. Vs. RAM ASRAY

JUDGEMENT

(1.) GOVERNMENT Appeal No. 2413 of 1979 is directed against the acquittal of Ram Asray and Girish and Criminal Appeal No. 835 of 1979 is by two accused Om Prakash alias Hawaldar and Parasram who were convicted of the offence under section 323, I.P.C. and sentenced to undergo rigorous imprisonment for a period of six months each by the judgment and order dated 5.2.1979. It is needless to mention that the accused were charged under section 302/34, I.P.C. and were acquitted of the same. We have heard the learned counsel for the parties at length and gone through the record of the case.

(2.) THE prosecution case in brief is that there was some sort of scuffle between the wife of Sobaran deceased in this case and the wife of Om Prakash at the water -tap a ten days before this months on that movement, Ram Asray and Girish had also arrived but the matter ended only in the sort of threat that the kories were going to high up and they should be corrected. It may also be mentioned here that all the accused in the case were Yadav and the allegations have been that Yadav considered themselves to be a bit higher to kore is however that being only the matter of motive, is not very material. In the occurrence covered by the charges, it was said that on 26.3.1978 at about 6 p.m. when the informant namely phool singh was coming back from his work, he was caught hold of by Om Prakash who at that time had a Katta. Barasram and Girish had also arrived with Lathies. Parasram gave him lathi blow while Om Prakash is said to have hurled a brick as missile on the forehead of Iswar Dayal. The injuries were also said to have been received by Ram Ashray. Chotety Lal and Balbir. The allegations were also that during this affair Ram Ashray who had by that time gone to his roof dithing Sobaran on the take head, resulting in his death, Phool Singh and Ishwar Dayal were medically examined on 26.3.1978 while Ram Ashray, Chotey Lal and Balbir were medically examined on 29.3.1978. The prosecution led that evidence of P.W. 1 Ram Babu who is scribe of the First Information Report, P.W. 2 Phool Singh P.W. 3 Ishwar Dayal were injured witnesses of the occurrence, P.W. 5. Dr. V.K. Mittal had conducted the postmortem examination, and other witnesses were P.W. 6 Smt. Nirmala witness of the incident of 24.3.1978, P. W. 7 Sub - Inspector Om Pratap Singh who had conducted the inquest under the directions of the S.P. Om PrathanSingh P.W. 8 Daya who had accompanied the corpse of Sobaran and P.W. 9 Mahmood another witness of occurrence, P.W. 10 Tahsil Dar Singh who had prepared the chik F.I.R. and P.W. 11 Jai Pal Singh was the Investigating Officer.

(3.) THE State appeal has, therefore, no force. In so far as the appeal of accused Om Prakash alias havaldar and Paras Ram is concerned, it may be mentioned that -once it was found that the statement of the witness, at least in respect the part of the occurrence was not acceptable, it could be hazardous to rely upon them for even other part of the occurrence. The conviction and sentence, what ever be the nature of the offence is a conviction which carries some stigma for the person concerned and it may not be very proper to saddle any persons even with this light conviction under section 232, I.P.C. unless the evidence really credible obviously the evidence led by the prosecution did not narrate the whole and complete truth and therefore, this appeal should succeed. In the result, the Criminal Appeal of Om Prakash and Paras Ram is allowed. Their conviction and sentence under section 323, I.P.C. awarded by the Sessions Judge are hereby set aside. They arc on bail. They need not surrender. Their bail and bonds are cancelled and sureties discharged. The State Appeal against the acquittal is dismissed and the bonds of the accused in respect of it arc also cancelled and sureties are discharged. State Appeal dismissed.