STATE OF U P Vs. BALAK RAM

JUDGEMENT

(1.) THE impugned Government appeal was filed against the order of acquittal passed by IVth Addl. Sessions Judge, Mainpuri Sri O. N. Asthana on 31-1-1981. In this appeal three respondents Balak Ram, Mani Ram and Prakash were made respondents. THE trial was for the offences under Sections 148, 324/149, 307/149 and 452 I. P. C.

(2.) THE prosecution case as contained in the F. I. R. was that on the preceding night at about 1. 00 a. m. when the victim and his family members including his brother-in-law and Ram Asrey were sleeping in their inside the house and Ram Asrey was sleeping on the roof in a thatch these respondents and Bheekam arrived on the roof. Out of them Balak Ram was armed with a Dhariya, a sharp edged weapon, Mani Ram was armed with a country made pistol and Prakash and Bheekam were armed with Lathis. Two unknown persons also had country made pistol. All these persons climbed on the roof of the informant Jagannath where his son Ram Asrey was asleep inside the thatch. THEy started assaulting Ram Asrey. His alarm aroused the family members. THE informant, father of Ram Asrey, Jagannath, gave a call that he is coming. Hearing his call miscreants jumped into his courtyard. Maniram, out of them, opened fire upon the informant, who was inside a room, injuring him on his chest. THE discharged fire also hit fingers of his left arm. Others also started beating him. THEir alarm attracted Banshi, Brajwasi, Jiledar, Ram Pat and others to the spot. All of them were burning their torches. THE assailants retreated from the spot yelling out "you have procured the conviction of Prakash, today you cannot escape, we will kill you. " THE entire incident was witnessed by the informant and other witnesses in the light of a lantern burning inside his room and torch lights of the witnesses. THE report was lodged on the same night at about 2. 50 a. m. After the registration of the case both injured, Ram Asrey and Jagannath, were sent for their medical examination. THEy were medically examined by Dr. Pradeep Kumar, PW 5. He found the following injuries on the person of injured Jagannath: (1) Small multiple lacerated wound, in an area of 8 cm. x 5 cm. On right side of forehead 1 cm. above the right eye brow size is of. 2 x. 2 cm. Number is six. Advised X-ray of skull and right forehead. (2) L. W. x. 2 x. 2 cm. on left ring finger on the medial side. Bleeding present. THEre is swelling 1 cm. x. 5 cm. at the tip of left ring finger. Adv. X-ray. (3) L. W. 2 cm. x 2 cm. On medial side of left little finger 1 cm. Above base of finger. Adv X-ray. (4) Contusion 2. 5 cm. x 1 cm. x 12 cm. Above left wrist joint on lateral side Reddish colour.

(3.) X-ray was advised to ascertain the nature of the injury No. 2. It was in the opinion of doctor caused by a sharp edged weapon. Both injury reports are Exts. Ka-8 and Ka-9. X-ray examination report of Jagannath, Ext. Ka-11, indicates presence of two small radio-opaque Metallic density shadow. There was no other injury. There is no X-ray examination report available on the record for the scalp injury of Ram Asrey.