GANGA SAHAI Vs. JAI PRAKASH

JUDGEMENT

(1.) GANGA Sahai, resident of village Kakaur, District Buland- shahar has come up in appeal against the judgment and order dated 28-10-1978 passed by Sri Rajendra Kumar Sharma acquitting the respondent Jai Prakash of the charges under sections 452, 323 and 325 IPC and sections 6 and 7 of the Untouchability Offences Act.

(2.) IN this case, Ganga Sahai appellant filed an oral report on 8-2-1978 at 8.15 A. M at Police Station Kakaur alleging that the respondent had assaulted him and his wife with kicks and fists on 7-2-1978 at 1 P. M. on his refusal to compound the case against Shiv Dutta Thereupon, a non-cognizable report of the occurrence was lodged at the Police Station and Ganga Sahai and his wife Smt. Somwati were sent to the Hospital from the police station through constable for their medical examination. The Medical Officer INcharge Civil Dispensary Kakaur, District Bulandshahar examined the injuries on the person of Smt. Somwati at 9.30 A. M. on 8-2-1978 and he found the following injuries on her person: 1. Contusion 2 1/2 cm x 2 1/2 cm on the outer surface of left upper arm in its upper l/3rd, 8 cm below the left shoulder joint. 2. Abrasion 1 1/2 cm x 2 cm just on the knee cap of left knee joint.

(3.) ACCORDING to the opinion of the Doctor, the injury was simple.