STATE OF UTTARPRADESH Vs. RAM NARESH TIWARI

JUDGEMENT

(1.) Ram Chandra Singh (P.W. 3) is a resident of village Kusha, police station Chakia, district Varanasi. He restrained Ram Bilash Tewari the accused-respondent on or about 9th October, 1972, who happened to be the Beldar of the Canal Department, from unlawful carrying canal water which caused annoyance to the accused Ram Bilash. The remaining four accused belong to his family. Ram Chandra Singh was going to attend to the call of nature on the morning of 11th regarding the role of Han Shanker in the October, the call of nature on the morning of 11th October, 1972 and when he reached towards the cast of the village abadi, at about 7 A.M. near the plot of Shitla Prasad, all the accused reached there. Accused Ram Naresh Tewari exhorted the remaining accused to beat him whereupon the accused Param Hans Tewari, Ramji Tewari, Ram Bilash Tewari, and Ram Naresh Tewari beat him with lathis causing by injuries on his person. He lodged the first information report at the police station Chakia on the same day at 1.55 P.M. against the four accused named above and one Han Shanker Tewari. The crime was registered under sections 147, 323 and 504 Indian Penal Code. Dr. W. C. Srivastava (P.W. 4) Medical Officer co Incharge Primary Health Centre Chakia, Varanasi examined Ram Chandra Singh on the same day at about 2.30 P.M. and found as many as 19 injuries on his person. In the fir opinion of the medical expert all the injuries be were simple in nature, fresh in duration and were caused be some hard and blunt object. Dr. Tandon, Medical Officer, S.S.P.G. Hospital Varanasi found fracture of right Tibula on the basis of X-ray on 10-10-1972. Ram Chandra Singh, thereafter moved an application on all 13-11-1972 to the Senior Superintendent of Police Varanasi for directions to investigate the case as the injuries caused were grievous in nature. It so appears that necessary direction for investigation was issued and the case was investigated and the charge sheet was submitted against five accused named in the first information report. The accused pleading not guilty and contended to have been falsely roped in the case due to enmity.

(2.) The prosecution examined Shiv Shanker Lal (P.W. 2) Ram Chandra Singh (P.W. 3) as witnesses of fact. Dr. K. G. Tandon (P.W. 2) and W. C. Srivastava (P.W. 4), the two Medical Officers and Raghu Nath Prasad (P.W. 5), the bead constable clerk of police station Chakia, Varanasi. The accused examined three witnesses Sudama alias Badri (P.W. 1), Paras Nath Mishra (D.W. 1) and Hawaldar Singh (D.W. 3) in defence. The learned Magistrate acquitted the accused mainly on two grounds; firstly because there was material contradiction in the deposition of D.W. 2 Shiv Shanker Lal and the first information report (Exh. Ka-2) lodged by Ram Chandra Singh and secondly because there was material contradiction in the statement of Ramchandra Singh (P.W. 3) and Shive Shanker Lal (P.W. 2) regarding the role of Han Shanker in the crime. The State has felt aggrieved and preferred this appeal.

(3.) I have heard the learned counsel for both the parties and have gone through the record.