RAM BRIKSH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the order dated 19-9-73 passed by Sri Din Dayal. 1st Temp. Civil and Sessions Judge Deoria convicting and sentencing appellants Ram Parikhan u/s 323 I. P. C. to undergo R. I. for four months. The appellant was tried on a charge u/s 394 I. P. C. but he was convicted u/s 323 I. P. C. The case of the prosecution against the appellant was that the appellant wanted Khaira Prasad Misra. P. W. 1 Lekhpal to show him a copy of the map of the chak. On 6-9-1971 at about 8.30 A. M. the appellant began to snatch the map of the chak from Khaira Prasad Misra. He succeeded in taking the map. Thereafter he assaulted Khaira Prasad Misra with a lathi and snatched a sum of Rs. 10/- from his pocket. Ram Briksh P. W. 3 another lekhpal was present. He was also assaulted by the appellant. The appellant then ran away with the map and the money. A written report of the occurrence was lodged by Khaira Prasad Misra, at P. S. Kotwali, Deoria on the date of occurrence at 10.05 A. M. The place of occurrence is one mile from the Police Station. Sri S. N. Yadava, S. I., P. W. 5 inves tigated into the case. Dr. S. P. Gupta P.W. 6 examined Khaira Prasad Misra on the date of occurrence at 11.45 A.M. and found eight injuries as detailed below, (vide injury report Ex. Ka. 7. 1. Lacerated wound 1 1/2" x 1/4" x scalp deep on top of head.

(2.) LACERATED wound 1/2" x 4" x 1/4" on right front by middle.

(3.) CONTUSION 2" x 3/4" on the back of right elbow.