RAMESH Vs. STATE

JUDGEMENT

(1.) Though this appeal, appellant Ramesh challenges the judgment and order dated 23-7-1980 passed by the I-Additional Sessions Judge, Bahralch in Sessions Trial No. 128 of 1978, whereby he has been convicted and sentenced in the manner stated hereinafter :

(2.) Shortly stated, the prosecution case runs as under : The informant Siddeshwar Singh (PW-1) is a resident of Payagpur, district Bahraich. Sometimes before the incident, two incidents of beating took place inside Chitrashala Cinema in district Bahraich. In one of them, which took place in January/February, 1978, at 3-4 p.m., Chhutkan alias Shailesh Kumar, appellant Ramesh and unknown associates of theirs assaulted some persons within the premises of Chitrasala Cinema. In connection with the incident, the police arrested accused Chhutkan. At that time, deceased Gayasuddin and Balaram Singh were present. When the police was arresting Chhuktan, he gave a threat that after being released on bail, he would kill Gayasuddin and Balaram Singh. On the date and time of the incident i.e. on 12-6-1978, at 3.00 a.m., the informant was employed as an Assistant Manager in Chitrashala Talkies, district Bahraich. At the said time, appellant Ramesh Kumar along with co-accused Chhutkan alias Shailesh and Munnan, all armed with knives, with a view to kill Balaram Singh, Manager of Chitrashala Talkies and Gayasuddin entered inside the quarter of the latter. At that time, Balarm Singh was not there. They started assaulting Gayasuddin with knives. Hearing the cries, the informant, Om Prakash, Jitendra Singh, Arun Kumar Singh (P.W. 2) and Nizam P.W. 3 who were sleeping in the premises of Chitrashala talkies came. Thereupon, the appellant and others also belaboured them with knives. The appellant, after being given some beating, was apprehended on the spot with a knife, while Chhutkan alias Shailendra and Munnan ran away. This incident was seen by the informant and others in electric light. Thereafter, the informant sent Om Prakash and Gayasuddin (both of them were precariously injured) along with Jitendra Singh, Nizam and Arun Kumar who were also injured, through Rajendra Kumar to District Hospital, Bahraich and he along with Hirdai Ram, Arjun Singh and the appellant, along with the knife, which he had seized from the appellant, proceeded to police station Kotwali-Nagar, district Bahraich to lodge the FIR.

(3.) The evidence of Head Constable Gaya Prasad Tripathi (P.W. 10) shows that on 12-6-1978, at 4.30 a.m. Sidheshwar Singh came to police station Kotwali-Nagar and lodged his written FIR. A perusal of the chik FIR shows that on the basis of the FIR, a case under Section 352/307, IPC was registered against the appellant, Chhutkan and Munnan. The evidence of Head Constable Gaya Prasad Tripathi shows that the informant had brought along with him appellant Ramesh and a blood stained knife, which he had used in the incident. His evidence further shows that he seized the knife under a recovery memo and arrested the appellant Ramesh.