MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 10.12.90 passed by the then special Judge (D.A.A.)/Additional Sessions Judge, Lalitpur in Sessions Trial No. 29 of 1990 convicting appellant under Sections 324 and 435, I.P.C. and sentencing him to one year's rigorous imprisonment for the offence punishable under Section 324, I.P.C. and two years' rigorous imprisonment and Rs. 500 as fine for the offence under Section 435, I.P.C. In default of payment of fine he was to undergo further rigorous imprisonment for three months.

(2.) CHARGES were framed against the appellant under Sections .307, 324 and 435, I.P.C. The trial Court did not find him guilty of the offence punishable under Section 307, I.P.C. and acquitted him. He was convicted for other two offences.

(3.) IN the night of occurrence the appellant armed with his sword went to the house of Komal Chand and kicked the main door of his house in order to get it opened. Komal Chand did not open the (floor whereupon the appellant came to the house of P.W. 1. Razzak and wanted him to open the door. P.W. 1 Razzak did not open the door whereupon the appellant went to the house of one Ganja alias Bhagwandas, brought some cloth from his house and set the two seater of P.W. 1 Razzak on fire. IN order to save the two seater P.W. 1 Razzak armed with a lathi came out of the door. The appellant attacked him with the sword, which he was carrying, P.W. 1, Razzak took a turn with the result that the sword damaged his jerkin which he was wearing. He again attacked P.W. 1 Razzak with the result that he received injuries upon his face, hand and fingers. The appellant again attacked him. His sword hit the wall as a result of which it was broken. P.W. 1 Razzak finding opportunity caught hold of him, P.W. 2 Kapoor Chand also came there. These persons tied the appellant with a rope and then P.W. 1, Razzak took down the first information report Ex. Ka-1 of this incident and along with the appellant and the broken pieces of the sword reached P.S. Kotwali, Lalitpur at 1.00 P.M. where this report was handed over to P.W.4 constable Chhavilal. On the basis of Ex. Ka-1 constable Chhavilal prepared chik report Ex. Ka-3 made its entry in the general Diary and registered the case. The broken pieces of sword which were blood stained were also taken into custody at the Police Station, its memo Ex. Ka-6 was prepared. The appellant was put in the lock-up.