CHUTTAN Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. Both these appeals arise out of judgement dated 23-7-1979 passed by IIIrd Addl. Sessions Judge, Moradabad in S. T No. 742 of 1977 and 690 of 1978. By these judgements, the accused Mullu and Chuttan have been convicted under Section 324, IPC and sentenced go undergo 3 years' R. I. Accused Ram Charan has been convicted under Section 324/34, IPC and sentenced to undergo 3 years' R. I.

(2.) THE prosecution case started on the basis of an oral FIR, Exhibit Ka-1, lodged by Hari Shankar, PW1 at P. S. Bilari on 8-10-1976 at 7 p. m.

(3.) THE complainant was examined at P. H. C. , Bilari in the same evening at 9. 30 p. m. by Dr. Y. K. Jain. He found the injuries as noted in the judgment of Addl. Sessions Judge. THE injuries were fresh in duration. X-ray was advised. X-ray was done at the District Hospital, Moradabad. No bony structure was found to be fractured.