DINESH AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been filed under Section 374(2) of the Cr.P.C. by Dinesh Kumar, Suresh and Rakesh assailing the correctness of the judgment and order dated 09.09.1982 passed by the XI-Additional Sessions Judge, Agra in Sessions Trial No.380 of 1979, State versus Rakesh Chandra and others whereby the appellants have been convicted under Section 323 IPC and sentenced to six months rigorous imprisonment.

(3.) The appellants are partners of a Firm M/s R.S. Agrawal & Company whereas complainant Ravindra Kumar is member of the joint Hindu Family and is partner of the firm M/s Harihar Nath & Sons. Both the firms carry-on business of silver and have been transacting with each other in the course of their business. On 1.8.1976 the firm of the accused borrowed loan of Rs.5,000/- from the firm of the complainant M/s Harihar Nath & Sons with a condition that the said amount will be returned on that very day in the evening. The money was not returned as assured. The next day was Monday on which day the market was closed and on Tuesday it transpired that the firm M/s R.S. Agrawal & Company remained closed and further that from the said day it stopped the business in the market. Later on the partners of the firm were reported to be absconding. On 6.8.1976 the accused persons called Harihar Nath father of the complainant Ravindra Kumar and conveyed that in case he wanted his money back he should immediately come at their residence. As conveyed Harihar Nath along with his son Narendra Kumar reached the place of the accused where some disagreement took place in the signing of the receipt as Harihar Nath refused to sign the receipt without receiving the money, whereas the accused persons insisted that the receipt be signed and handed over to them and only then the money would be paid. This disagreement resulted into an altercation and accused persons along with their servants and agents physically assaulted Harihar Nath and his son Narendra Kumar. The accused persons also snatched the wrist watches, the gold chains and scooter of Harihar Nath and his son and left them on the road. When Ravindra Kumar the complainant went to lodge a report at the Police Station Hariparvat the same was not registered as certain persons having political affiliations were already present at the Police station in support of the accused persons. However on the intervention of the Senior Superintendent of Police a case was registered. Both the injured Harihar Nath and Narendra Kumar were examined at the SW Hospital, Agra by Dr. Pramod Kumar where their injuries were reported in the injury report. The Investigating Officer submitted a charge sheet under Section 308/394/342 r.w. Section 34 IPC.