HARI OM Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in this appeal is the judgment and order dated 28.4.1983 passed by X Additional Sessions Judge, Agra in S.T. No.204 of 1982 convicting and sentencing the appellant Hari Om @ Chunda under Section 452 IPC for two years' rigorous imprisonment with the fine of Rs.500/- and under Section 324 IPC for one year's rigorous imprisonment.

(2.) As borne out from the record, briefly stated, the facts are that the appellant is the resident of Chitti Khana Bazar while injured-informant (P.W-1) was a cloth merchant having a cloth shop situated in Chitti Khana Bazar. It was alleged that on 1.1.1982 in the evening at about 7.30 pm the appellant came to the informant's shop and asked him to desist himself from appearing as a witness in a case of Ram Babu. Informant replied that he would disclose true facts before the court. On this the appellant got annoyed and forcibly entered into shop of the informant Krishna Mohan and assaulted him with fists and thwack. Appellant dragged the informant from the shop and flinged him on the ground. After appellant got fell below the shop he took out a knife from his pocket and inflicted on his cheek. It was further alleged that soon thereafter the injured-informant became unconscious and when he gained consciousness he made hue and cry which attracted the witnesses, namely, Bhasin, Suresh Chandra, Rakesh Kumar etc. who reached on the spot/scene. It was also alleged that the appellant was identified in the presence of illuminating light of electric bulb and the tube light, soon thereafter he fled away from the spot.

(3.) N.C.R. (Ex Ka-4) under Section 323 IPC of the incident allegedly took place on 1.1.1982 at 7.30 pm was lodged at police station Kotwali, District Agra on the same day i.e. on 1.1.1982 at 8.15 pm. On the basis of which G.D. Report (Ex Ka-5) was prepared. Thereafter on 1.1.1982 crime was converted under Section 324 IPC vide entry in G.D. No.55 (Ex Ka-6). According to the medical opinion injury appears to have been caused by sharp edged weapon. However, during the course of investigation, relying upon the statement of the witnesses recorded u/S 161 Cr.P.C. Sections 452 IPC and 307 IPC were added vide G.D. No.4 and entry dated 4.1.1982 (Ex Ka-7).