STATE OF U P Vs. KISHORI LAL

JUDGEMENT

(1.) O. P. Pradhan, J. Respondents Kishori Lal and Ram Swaroop were tried in connection with charges under Sections 308 and 325, both read with Section 34, I. P. C. , by Smt. Mohini Rajani, the then Assistant Sessions Judge, Jhansi in Sessions Trial No. A-80 of 1976 for an incident which occurred at about 10 a. m. on 14-10-1975 in village Luhari within the circle of police station, Samthar, district Jhansi and were acquitted of both these charges by the judgment and order dated 9-4-1980. The State has preferred this appeal against the said judment and order of acquittal.

(2.) THE relevant facts leading to the prosecution of respondents may be briefly stated. Peer Khan (PW 1) who is the complainant of the case, lives in village Luhari within the circle of police station Samthar of district Jhansi. Both the respondents are also residents of the same village. On 14-10-1975 at about 10 a. m. , Peer Khan was sitting at the Chabutara of his house and was conversing with Vishwannath Singh and Parmai Kori. Respondent Kishori Lal came to Peer Khan and took him away to him own house saying that he had to discuss certain matter. At the Chabutara of his house, respondent Kishori Lal questioned Peer Khan about engaging his servant, Ram Prasad Chamar. Peer Khan replied that he had engaged him because Ram Prasad had asked him and it was no wrong to respondent Kishori Lal. In the meantime respondent Ram Swaroop also came there with a Lathi and respondent Kishori Lal asked him to be at Peer Khan whereupon respondent Ram Swaroop dealt a Lathi blow on the head of Peer Khan and respondent Kishori Lal himself struck Lathi blows on the right hand of Peer Khan. On the alarm raised by Peer Khan, Kallu, Rafiq and Ram Kishan reached the place of incident and rescued Peer Khan, who sustained fracture in his right hand. Peer Khan got a report of the incident scribed by his son and lodged the same at police station Samthar on the same day at 12. 30 p. m. In this report, he nominated both the repondents are his assailants. A case was registered at the police station on the basis of this written report under Sections 325 and 323, I. P. C. , and investigation followed : Injured Peer Khan was examined at 1 p. m. on the same day at the Hospital Samthar by Dr. A. H. Khan (PW 6) who noticed following injuries on his person: (1) Lacerated wound 3" X 1" margins apart in middle x whole scalp deep, on right side of forehead, extentending from remmiddle right side transversely, 1x 1/2 " above the right eye-brow. Blood was oozing continuously from the wound. (2) Lacerated wound 3/4" X margins close together X 1/10" deep on right side of head 31/2" above the right ear, 1'/2" behind injured No, 1, (3) Abrasion 1/2" x 1/2' on the right mastoid bone with indulging diffuse swelling 2" X 2". (4) Abrasion 1/2'' X 1/4" on dorsum of nose which was swollen, 1/2" below root of nose. THE right eye swollen and the patient could not open his right eye. (5) Abrasion on lateral aspect of right uppor arm 2" X I", 4" below the tip of shoulder. THE underlying humerus bone was fractured. (6) Abrasion 1/2" x 1/2" on dorsum of right forearm 2" above the wrist. THE underlying bone was fractured and the whole of the right forearm and hand was swollen. (7) Ecchmosis 3" X 1/2" along the medical border of left forearm with 3 small abrasion over it. (8) Ecchymosis 3" X 1" on the right scapula region, (9) Ecchymosis 21/2" x 11/2", 2" below the inferior spine of left scapula, X-ray, of injuries Nos. 4, 5 and 6 was advised. On such X-ray, fracture of fronto-parietal region and fracture of shaft humerus-middle and radius ulna at its lower 1/3rd was detected.

(3.) ACCORDING to respondents, Peer Khan was assaulted by some miscre ants in the dark hours and they were falsely involved in this case because they were acquitted earlier in a case under Sections 147 and 323, I. P. C. , instituted by Peer Khan.