BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the order of Sri V.S. Kulshrestha, learned II AddI. Sessions Judge, Bulandshahr dated 19.9.1978 in Sessions Trial No. 444 of 1976 by which all the appellants were convicted and sentenced as detailed in the impugned order. Only sentence of fine was imposed on each convict.

(2.) Site plan Ext. Ka3 prepared by the Investigator shows topography. Scene of occurrence has been shown in this site plan by letter A at the platform in front of the two shops owned by Ratan Lal, PW. 4. father of informant Han Mohan, PW. 6. Both these shops at the time of occurrence and even now are in the tenancy of Suresh appellant, son of late Shiv Charan Dass who was admittedly tenant of both these shops which were the subject matter of civil and criminal litigation between Shiv Charan Dass and the landlord aforesaid who was occupying the upper floor in the same building. The occurrence admitted took place on 28.7.1977 at about 10 P.M. There is a dispute about venue of occurrence. According to his version Ext. Ka I submitted at the police station by Han Mohan all the appellants and Shiv Charan Dass along with others hurled abuses on the landlord as a sequel of the litigation in which parties were embroiled. Ratan Lal was at his house and protested about it; Shiv Charan and appellants attacked him at his house armed with knives, guptis and rods and inflicted injuries on them. The injuries sustained on the side of the appellants were not mentioned in the report; even the names of three injured who sustained injuries on prosecution side were not cited in that report. This report was made over at police-station at 0.30 A M. in the same night. Distance of the police station from the scene of occurrence was seven miles. On the basis of this report Ext. Ka 1 First Information Report Ext. Ka 7 was prepared and the case was registered in the general diary vide Ext. Ka 2 scribed by the head constable Bhopal Singh whose writing was proved by the Investigator Sri Ram Sward-op, P.W.2. The injured was examined by Dr. S.C. Gupta. PW. 5 on 20.7.1974 in the district hospital.

(3.) Ratan Lal was examined . .t 12.20 P.M. Three injuries were detected on his person as detailed in the injury report Ext. Ka 5. All the injuries were caused by blunt weapons and duration was about 12 hours as given by the doctor. Injury no. 3 was kept under observation. However, no X-Ray examination etc. was done about this injury nor any supplementary report is on record about it.