VIJAI BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Vijai Bahadur Singh, Udai Bhan Singh, Indra Bahadur Singh, Pratap Singh and Gulab Singh were convicted and sentenced by the IIIrd Addl. Sessions Judge, Mirzapur in S.T. No. 194 of 1978, State v. Vijai Bahadur and 4 others, under Sections 302/149, 452/149, 323/149 and he passed various sentences. All the sentences were ordered to run concurrently.

(2.) The prosecution case started on the basis of a F.I.R. (Exhibit Ka1) lodged by Munif Shan at police station Chowki Churk on 6-8-1978 at 13.30 p.m. The incident is said to have taken place on 5-8-1978 at about 5. p.m. The distance of police station from the place of occurrence is, 2 miles. He has alleged that he had some quarrel with accused Vijai Bahadur Singh, a month earlier, which had caused a lot of annoyance and anger to the accused. On that basis, on 5-8-1978 at about 5 p.m. the accused Vijay Bahadur Singh, Udai Bhan Singh, Indra Bahadur, Pratap Singh and Gulab Singh, all appellants came armed at the house of the complainant and started abusing him. The complainant and his son Islam (deceased), his wife Smt. Sabira, Smt. Alimun and Smt. Butuli daughter of Maqdoom, came to their rescue. They too were assaulted with lathies by the accused. They tried to run away. But the accused entered their house and assaulted them also and severely assaulted Islam, deceased and the complainant Munif Shan as well. Several persons, including PWs Kesari and Tulla, apart from others, saw the incident and after their intervention, the accused escaped. Due to night intervention, the report was lodged on 6-8-1978. All the injured persons, including the deceased Islam, Smt. Sabira, Smt. Batuli and other injured persons were also brought to the police station. Constable Clerk Shyam Narain Pandey, PW11 registered the case on 6-7- 1978 in the G.D. He also examined the injured Islam (deceased) and others and sent the injured persons for medical examination.

(3.) Dr. R.A. Mishra, PW 6, examining the injured persons, on 6-8-1978 and found the following injuries, namely Smt. Sabira, Smt. Alimun, Smt. Noor Jahan, Munif Shal and Islam (deceased) between 6-6.30 p.m. :-Injuries of Smt. Sabira :-(1) Contusion with swelling, 6 cm x 3/2 cm on lateral side of left leg, 12 below knee joint.Injuries of Smt. Alimun :- PW 7(1) Contusion 4 cm x 3/2 cm on the back of left thigh, 17 cm on above knee-joint.(2) Contusion 3 cm x 2 cm on back of left palm.Injury of Smt. Noorjjahan alias Jauhara alias Butuli :- PW 4(1) Contusion of 6 cm x 3/2 cm on lateral side of left leg 8 cm below the knee-joint.Injuries of Sri Munif Shan :- PW I(1) Contused abrasion 2 cm x 1/2 cm on right side of head 10 cm from the ear.(2) contused abrasion, 1/2 cm x 1/2 cm on left forehead, 2 cm above left eye brow.(3) Contused abrasion, 1/2 cm x 1/2 cm on lower lid of left eye.(4) Contusion 4 cm x 1/2 cm on right forearm, 4 cm below elbow-joint.(5) Contusion with swelling, 4 cm x 3 cm on the left forearm on its back, 6 cm above writ joint. There was craking seen and present. X-Ray of forearm was advised.(6) Contusion, 14 cm x 3 cm back of right side from 10 cm below lowest part of scapula.(7) Contusion,8 cm x 3 cm on right buttock, 2 cm below illiac crest.(8) Contusion 9 cm x 1 cm on the right thigh, 12 cm above knee-joint.(9) Contused abrasion, 3 cm x 1/2 cm on front of right leg, 8 cm above ankle-joint.(10) Lacerated wound, 2 cm x 1/2 cm x 1/3 cm deepleft leg front 14 cm below knee-joint. X-ray of left leg was advised.(11) Contused abrasion with swelling,6 cm x 2 cm on left leg, lower part. There was deformity and swelling around the injury. X-ray of lower part of left leg and ankle-joint was advised.Injuries of Islam :- (Deceased)(1) Lacerated wound, 2 cm x 1 cm x 1/2 cm on the back of left fore arm, 5 cm below left elbow-joint. There was swelling. X-ray examination of left forearm was advised.(2) Contused abrasion, 2 cm x 1 cm on left arm 5 cm above elbow joint.(3) Contusion with swelling, 3 cm x 2 cm on back of left palm on its middle.(4) Contused abrasion, 1/2 cm x 1/2 cm on left cheek, 3 cm below left eye.(5) Lacerated wound, 2 cm x 1/2 cm x 1/4 cm on back of head, left side, 5 cm from left ear.(6) Contused abrasion, 5 cm x 2 cm on left chest, 2 cm blow left clavicle.(7) Contused abrasion, 10 cm x 2 cm x 4 cm below nipple longitudinal.(8) Multiple contusion on back of left shoulder joint, reddish blue of size ranging from 2 cm x 1 cm x 1/2 cm, overlapping each other.(9) Contusion, 5 cm x 2 cm on back of left chest, 4 cm below the scapula.(1) Lacerated wound, 4 cm x 3/2 cm x 1 cm on left leg on its front, 22 cm below knee-joint.(11) Contusion with swelling, 4 cm x 2 cm on left ankle joint.(12) Lacerated wound, 5 cm x 1 cm x 1 cm on front of right leg, 8 cm (sic) above ankle-joint.(13) Lacerated wound, 2 cm x 1/2 cm x 1/2 cm on front right leg, 2 cm below the injury No. 12.(14) Lacerated wound, 3 cm x 1/2 cm x 1/2 cm on left leg, 3 cm medial to injury No. 3.All the injuries of all the injured persons, in the opinion of the Doctor, were caused by lathi or fraction (abrasions) and they could have been possible on 5-8-1978 at about 6 p.m. The injuries of Islam (deceased) were per se dangerous to life. However, if best medical aid had been provided, he could have been saved.