AJAY KATARA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Ajay Kumar Srivastava, Advocate on the admission of the present appeal which is reportedly barred by a period of 16 days in filing it. We condone the delay of 16 days in filing the appeal.

(2.) It is a long narration contained in the F.I.R. of the case, the gist of which could be put a few lines that the informant had some strained bad relationship with his wife and on the pretext of resolving the dispute he was taken away, allegedly, by the accused persons to a particular place under supposition that his wife was waiting for him. The lady was not present there. The appellant was made to sit there and was offered some courtesy by way of a few potato tikiyas and some pepsi cold drink. The appellant did not take the whole of a tikiya and chewed only half of it and refused to take any drop of pepsi under suspicion that there might be a conspiracy of the accused to finally eliminate him.

(3.) He came back home and on reaching there he had some feeling of a disturb and upset stomach. He rushed to the doctor and when the doctor wanted to have his stomach washed, the appellant refused. On the above facts, the case was instituted and it went to the trial.